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CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY
WEDNESDAY, NOVEMBER 18, 2020
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia Jim Mulvihill
MAYOR PRO-TEM, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Robert D. Field
COUNCIL MEMBER, W ARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, W ARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, W ARD 4 CITY CLERK
Henry Nickel
COUNCIL MEMBER, W ARD 5
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item.
o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
Regular Meeting Agenda November 18, 2020
Mayor and City Council of the City of San Bernardino Page 3 Printed 11/13/2020
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Mayor Pro-Tem, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 Jim Mulvihill
Mayor John Valdivia
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)): Jessica Alexander, et al. v.
Michael McKinney, et al., San Bernardino Superior Court Case No.
CIVDS1510158
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One case - Blanca Gamez, Claim No. 1994004
(C) CONFERENCE WITH LABOR NEGOTIAT OR (Pursuant to Government Code
Section 54957.6):
Agency Designated Representative: City Manager;
Employee Organizations: International Union of Operating Engineers, General
Unit; San Bernardino Police Management Association; Teamsters - Middle
Management Unit; San Bernardino Police Officers Association; and San
Bernardino Confidential-Management Association
(D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to
Government Code Section 54956.8:
(i) Property Address: An approximately 17.61 gross acre vacant
(retail/commercial) site consisting of 74 parcels located at the southwest
corner of East Highland and Arden Avenues - APNs 1191-021-01; 1191-
021-11 to 69; 1191-041-17 to 22; and 1191-041-25 to 32
Agency Negotiator: Robert D. Field, City Manager
Negotiating Parties: Mark Development, Inc.
Under Negotiation: Price and Terms
Regular Meeting Agenda November 18, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 11/13/2020
(ii) Property Address: Two parcels of real property approximately
14.67 gross acres vacant site - APNs 0281-341-04 and 0281-341-10
Agency Negotiator: Robert D. Field, City Manager
Negotiating Parties: TBD
Under Negotiation: Price and Terms of lease/sale
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
CITY MANAGER UPDATE
APPOINTMENTS
1. Planning Commission Appointment (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Harmoni A. Morales as the Mayor's
appointee to the Planning Commission filling a vacancy.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
STAFF REPORTS
2. 2021 Legislative and Regulatory Platform (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Be rnardino,
California, approve the 2021 Legislative and Regulatory Platform.
3. FY 2019/20 Year End Update and Resolution to Approve 2019/20 Carryovers
and Continuing Appropriations (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive and file the Year-End Revenue & Expenditure Analysis Update for Fiscal
Year 2019/20 as set forth in Exhibit I;
2. Adopt Resolution No. 2020-250 of the Mayor and City Council of the City of San
Bernardino, California, approving the FY 2019/20 Continuing Appropriations and
Encumbrance Carryovers and amending the FY 2020/21 Budget to include the
approved Continuing Appropriations and Encumbrance Carryovers as set forth in
Exhibit II; and
3. Authorize the Director of Finance to amend the FY 2020/21 budget to appropriate
$602,430 of Gas Tax funds to the Street Light Replacement project, Account #
Regular Meeting Agenda November 18, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 11/13/2020
126-160-8612*5504.
CONSENT CALENDAR
4. August, September, October 2020 City Board, Commission, and Citizen
Ad visory Committee Approved Minutes (All Wards)
Recommendation
Receive and file the minutes from the City’s Board, Commission, and Citizen
Advisory Committee meetings approved in September and October 2020.
5. Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for October 2020.
6. Investment Portfolio Report for October 2020 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California accept and file the Monthly Investment Portfolio Report for October 2020.
7. Construction Contract for Anne E. Shirrells Park and Community Center
Capital Improvement Project- (Ward 6)
Recommendation
Adopt Resolution No. 2020-278 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving a total project budget for Anne Shirrells Community Center
Improvements (“Project”) in the amount of $254,000, to include a construction
contract in the amount of $208,662, project contingencies in the amount of
$22,030, engineering and inspection budgets in the amount of $10,000, and a
mural installation in the amount of $13,308;
2. Authorizing the Director of Finance to amend the FY 2020/21 adopted budget to
reallocate $50,000 within Cultural Development Fund No. 247 from part-time
salary budgets to the Project for a total City contribution of $133,308;
3. Approving the award of a Construction Contract with Micon Construction, Inc. of
Placentia, California in the amount of $208,662; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the Project.
8. Development Code Amendment 20-04 (Warmington Homes Project) (Ward 3)
Recommendation
Adopt Ordinance No. MC-1549 of the Mayor and City Council of the City of San
Bernardino, California, approving Development Code Amendment (Zoning Map
Amendment) 20-04 changing the Zoning District Classification from Commercial
General (CG-1) to Residential Medium (RM) of one (1) parcel (APN: 0281-161-48)
containing approximately 9.60 acres, pursuant to a Mitigated Negative Declaration.
Regular Meeting Agenda November 18, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 11/13/2020
9. Professional Services Agreement with Ninyo & Moore (Ward 1)
Recommendation
Adopt Resolution No. 2020-260 of the Mayor and City Council of the City of San
Bernardino, California authorizing the City Manager to execute a Professional
Services Agreement with Ninyo & Moore to conduct a limited Phase II
Environmental Site Assessment for the 5th Street Gateway Project.
10. Public Works Equipment Purchase - Caterpillar Wheel Loader (Ward: All)
Recommendation
Adopt Resolution 2020-279 of the Mayor and City Council of the City of San
Bernardino, California, to:
1. Approve the purchase of a 2020 Caterpillar Model 926M Wheel Loader from
Quinn Caterpillar in the amount of $197,743; and
2. Authorize the Director of Finance to amend the FY 2020/21 Adopted Budget for
the Wheel Loader purchase from AB2766 Fund No. 111 in the amount of
$197,743.
ITEMS TO BE REFERRED TO COMMITTEE
REPORTS ON CONFERENCES/MEETINGS ATTENDED
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on W ednesday,
December 2, 2020 via tele-conference. Closed Session will begin at 5:30 p.m. and Open
Session will begin at 7:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify
that the agenda for the November 18, 2020 Regular Meeting of the Mayor and City Council and
the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was
posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California,
at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California,
and on the City’s website sbcity.org on November 13, 2020.
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda November 18, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 11/13/2020
NOTICE: Any member of the public may address this meeting of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency on any item appearing on the agenda by approaching the
microphone in the Council Chamber when the item about which the member desires to
speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
concerning any matter not on the agenda but which is within the subject matter
jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency may address the body at the end of
the meeting, during the period reserved for public comments. Said total period for public
comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor
and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency. A three minute limitation shall apply to each member of the
public, unless such time limit is extended by the Mayor and City Council and the Mayor
and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to “share” his/her three minutes with any other
member of the public.
Speakers who wish to present documents to the governing body may hand the
documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency. However, no
other action shall be taken nor discussion held by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
on any item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the
Government Code.
Public comments will not be received on any item on the agenda when a public hearing
has been conducted and closed.
Page 1
Closed Session
City of San Bernardino
Request for Council Action
Date: November 18, 2020
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Subject: Closed Session
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)): Jessica Alexander, et al. v.
Michael McKinney, et al., San Bernardino Superior Court Case No.
CIVDS1510158
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One case - Blanca Gamez, Claim No. 1994004
(C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
Agency Designated Representative: City Manager;
Employee Organizations: International Union of Operating Engineers, General
Unit; San Bernardino Police Management Association; Teamsters - Middle
Management Unit; San Bernardino Police Officers Association; and San
Bernardino Confidential-Management Association
(D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to
Government Code Section 54956.8:
(i) Property Address: An approximately 17.61 gross acre vacant
(retail/commercial) site consisting of 74 parcels located at the southwest
corner of East Highland and Arden Avenues - APNs 1191-021-01; 1191-
021-11 to 69; 1191-041-17 to 22; and 1191-041-25 to 32
Agency Negotiator: Robert D. Field, City Manager
Negotiating Parties: Mark Development, Inc.
Under Negotiation: Price and Terms
(ii) Property Address: Two parcels of real property approximately
14.67 gross acres vacant site - APNs 0281-341-04 and 0281-341-10
Agency Negotiator: Robert D. Field, City Manager
Negotiating Parties: TBD
Under Negotiation: Price and Terms of lease/sale
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Appointment
City of San Bernardino
Request for Council Action
Date: November 18, 2020
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
Subject: Planning Commission Appointment
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Harmoni A. Morales as the Mayor's
appointee to the Planning Commission filling a vacancy.
Background
The Planning Commission was established under Municipal Code Chapter 2.22,
Ordinance No. MC-1473, and is tasked with advising the Mayor, City Council and City
staff on the physical development of the city, including zoning, building, land use and
related matters.
Discussion
The commission is comprised of nine (9) members who serve at the pleasure of the
Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City
Council member shall nominate one member who shall serve during and for the term of
the nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
2020-2025 Key Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
Leadership and unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Harmoni A. Morales as the Mayor's
appointee to the Planning Commission filling a vacancy.
Attachments
Attachment 1 Commission Application and Resume
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Packet Pg. 17 Attachment: MCC.Planning commission attachment 1 - Harmoni Morales_redacted (6982 : Planning Commission Appointment)
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Packet Pg. 18 Attachment: MCC.Planning commission attachment 1 - Harmoni Morales_redacted (6982 : Planning Commission Appointment)
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Packet Pg. 19 Attachment: MCC.Planning commission attachment 1 - Harmoni Morales_redacted (6982 : Planning Commission Appointment)
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Packet Pg. 20 Attachment: MCC.Planning commission attachment 1 - Harmoni Morales_redacted (6982 : Planning Commission Appointment)
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Packet Pg. 21 Attachment: MCC.Planning commission attachment 1 - Harmoni Morales_redacted (6982 : Planning Commission Appointment)
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Packet Pg. 22 Attachment: MCC.Planning commission attachment 1 - Harmoni Morales_redacted (6982 : Planning Commission Appointment)
Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: November 18, 2020
To: Honorable Mayor and City Council Members
From: Rebekah Kramer, Assistant City Manager
Subject: 2021 Legislative and Regulatory Platform
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the 2021 Legislative and Regulatory Platform.
Background
The legislative platform is used to guide city officials and staff in responding to
legislative proposals at the state and federal levels throughout the year. Maintaining a
legislative platform allows for timely response to legislative issues important to the City,
including letters from the Mayor or City Manager to the Legislature and/or Co ngress
consistent with the established platform. Additionally, the platform summarizes the
Mayor and City Council’s positions on priority issues.
Under the City’s adopted legislative program policy, once a determination has been
made that a legislative proposal or regulation may impact the City, the City Manager will
advise the Mayor and City Council. If there is any objection received from the Mayor or
any member of the City Council regarding the City’s position, the issue will be placed on
the next City Council agenda for consideration. If there is no objection within the
defined period, staff will proceed in advocating on behalf of the City’s interest in
alignment with the adopted legislative platform.
Discussion
The City’s legislative platform is designed to be a living document that evolves and
enables the City to quickly respond to issues impacting the City. In keeping with the
City’s adopted legislative program policy the legislative and regulatory platform is
updated annually in conjunction with the opening of a new legislative session at the
beginning of the calendar year. The City’s 2021 Legislative and Regulatory Platform
reflects the City’s position with respect to federal and state legislative issues based
upon the Mayor and City Council’s 2020-2025 Key Strategic Targets and Goals adopted
on January 15, 2020 (Resolution No. 2020-5) including:
Financial Stability;
Focused, Aligned Leadership and Unified Community;
Improved Quality of Life; and
Economic Growth and Development.
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The 2021 legislative agenda includes specific issues and actions that the City will be
working to address in the coming year including the following:
1. Housing Element - The City will advocate for the extension of the Housing
Element submittal deadline to accommodate for the impacts of COVID-19 on the
ability to conduct robust public participation. Any state preemption of local
zoning or requirement to develop a particular housing type must be based on the
housing element and associated zoning, provide some level of flexibility to meet
the State’s zoning/housing goals so that community input can be factored into
decision making, and provide the City with credit towards housing elements
sites/Regional Housing Needs Assessment (RHNA).
2. Regional Housing Needs Assessment (RHNA) - The City will advocate for
policies and regulations that allow “student housing” whether it be dormitories,
single room occupancy, or similar housing types to be a qualified component of
RHNA compliance requirements and to allow the production of student housing
over the previous five (5) years to be applied towards this cycle’s allocation.
3. Transit Oriented Development (TOD) - The City of San Bernardino will support
legislation, policies, and funding that links the development of housing with
improved public transit systems, local infrastructure, and associated public
services. Legislation, policies and funding must avoid a one -size-fits-all approach
and recognize differences in regional and local community characteristics,
demographics and contexts.
4. Economic Development - The City will support legislation and policies that
support economic development investment in projects such as the Carousel Mall,
including demolition, environmental testing, and clean -up and infrastructure
upgrades. The City also will oppose any legislation or regulations that preempt
local zoning or require development of a particular type.
5. Transitional and Permanent Supportive Housing - The City supports regional
initiatives to reduce and prevent homelessness, as well as regional efforts to
attain State and Federal funding for mutually beneficial projects, facilities and
shared resources. The City will support legislation and initiatives that provide
funding for permanent supportive housing for homeless individuals along with the
wrap-around services needed to assist these individuals to become permanently
housed. Additionally, the City will support programs that assist with monitoring
and evaluation of the progress of individuals in these program s to ensure they
are receiving the treatment and assistance they need.
6. Streets and Roads - The City will support legislation and policies that increase
funding for streets, highway and roadway projects needed to adequately support
current and future growth, particularly in disadvantaged communities.
7. Storm water Infrastructure - The City will support policies and programs that
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provide funding for the planning, construction, operation and maintenance of
storm water and flood control projects.
8. Public Facilities - The City will support legislation and programs that provide
funding designated for general facility rehabilitation and improvements, in
addition to supporting community libraries, community centers and animal shelter
services.
9. Parks and Open Spaces - The City will support legislation and policies that
provide funding for local governments to support parks and recreation programs
to enhance the quality of life for City residents. The City will support programs
that provide funding for the rehabilitation, development and capital improvements
of local parks and community facilities. The City will support efforts to ensure that
recreational utility, amenities, condition and the availability of improved outdoor
space are taken into account as key factors in assessing the need for funding.
The City will also support policies and programs that provide the funding needed
to renovate public recreation facilities to conform to Federal Americans with
Disabilities Act (ADA) regulations.
10. Library Services - The City will support legislation and funding for library
services and facilities, including the restoration of funding for the California
Library Services Act (CLSA).
11. Commercial Cannabis - The City will support legislation and regulations that
promote legal cannabis operators and assist with enforcement efforts against
illegal cannabis operations. The City will also support legislation and regulations
that ensure that cannabis or cannabis products are not marketed in a manner
that encourages underage consumption.
2020-2025 Key Strategic Targets and Goals
The recommendation to approve the 2021 Legislative and Regulatory Platform aligns
the City’s position on federal and state legislative issues with the City’s 2020 -2025 Key
Targets including No. 1: Financial Stability, No. 2: Focused, Aligned Leadership and
Unified Community, No. 3: Improved Quality of Life and No. 4: Economic Growth and
Development.
Fiscal Impact
There is no fiscal impact associated with the approval of the 2021 Legislativ e and
Regulatory Platform for the City of San Bernardino.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the 2021 Legislative and Regulatory Platform.
Attachments
Attachment 1 2021 Legislative and Regulatory Platform
Attachment 2 Resolution No. 2018-117 - Legislative Program Policy and
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Procedures
Ward: All
Synopsis of Previous Council Actions:
April 18, 2018 Mayor and City Council adopted Resolution No. 2018-117
establishing the legislative program policy and procedures and the
2018 Legislative and Regulatory Platform for the City of San
Bernardino.
February 5, 2020 Mayor and City Council adopted the 2020 Legislative and
Regulatory Platform.
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RESOLUTION NO. 2018-117
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING THE LEGISLATIVE PROGRAM
POLICY AND PROCEDURES AND THE 2018 LEGISLATIVE AND REGULATORY
PLATFORM FOR THE CITY OF SAN BERNARDINO
WHEREAS, on May 18, 2015, the Mayor and City Council adopted Resolution No.
2015-103 directing the implementation of the City's Fiscal Recovery Plan and Plan of
Adjustment; and
WHEREAS, the foundation for the Fiscal Recovery Plan and Plan of Adjustment were
the Operating Practices for Good Government, Priority Goals and Strategic Action Plans, and the
Financial Plan, approved by the Mayor and City Council on May 18, 2015; and
WHEREAS, on November 8, 2016, voters in San Bernardino approved a new Charter
that was filed with the California Secretary of State on January 31, 2017, and established the
Council -Manager form of government in the City; and
WHEREAS, in August 2017, the Mayor and City Council embarked on an evolutionary,
strategic planning process to establish systems and practices that promote good governance and
effective service to the community in furtherance of the Charter and Council -Manager form of
government; and
WHEREAS, the Mayor and City Council committed to engaging in regular meetings to
establish effective systems and practices and address policy, planning and program
implementation to create a framework for comprehensive leadership in rebuilding the City of
San Bernardino and establishing systems and lasting policies that transform the community and
guide decision-making; and
WHEREAS, on November 3, 2017, and December 13, 2017, the Mayor and City
Council met and spent considerable time discussing the purpose of the City (Vision), the job of
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the City and the terms under which the City will operate (Job Statement), the business plan
Operating Paradigm) of the City, and Goals and Objectives, which will be used to evaluate the
City Manager's performance in the upcoming year, will serve as the foundation for the
development of the annual budget, and will be communicated throughout the organization; and
WHEREAS, on March 5, 2018, the Mayor and City Council adopted Resolution No.
2018-130 establishing the City's Vision for the Future, Job Statement, Operating Paradigm, and
2018-2019 Goals and Objectives; and
WHEREAS, the Mayor and City Council desire to establish a legislative platform that
will allow the City to respond quickly in support of or opposition to issues that could directly
impact the City at the State and Federal level.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The following policy and procedures are adopted by the Mayor and City
Council governing the legislative program for the City of San Bernardino:
Purpose
The City of San Bernardino's Legislative and Regulatory Platform guides City officials
and staff in considering and rapidly responding to legislative and regulatory proposals introduced
at the State and Federal levels based upon the City's priority goals and objectives.
Policy
The Legislative and Regulatory Platform consists of general policy statements reflecting
positions on matters that impact municipal services and are consistent with the priority goals and
objectives of the City. The Platform is adopted annually at the beginning of the legislative year
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based upon the goals and objectives of the Mayor and City Council, a review of the legislative
priorities from the League of California Cities, the National Leagues of Cities and input from the
Mayor and City Council, staff and the City's legislative advocates.
Procedure
The following protocol will be used to respond to legislative proposals and regulatory issues
as they arise:
1. Once a determination has been made that a legislative proposal or regulation may impact
the City, a letter outlining the City's position (support, neutral or oppose) will be drafted;
2. The City Manager will circulate the draft position letter to the Mayor and City Council
for review;
3. If there is any objection received from the Mayor or any member of the City Council, the
position letter will be placed on the next City Council agenda for consideration;
4. If there is no objection within the defined period, staff will finalize the position letter and
forward it to the bill's author, the League of California Cities, the City's legislative
advocate and other stakeholders as deemed appropriate; and
5. A copy of the final letter will be distributed to the Mayor and City Council.
SECTION 2. The 2018 Legislative and Regulatory Platform attached hereto and
incorporated herein as Exhibit "A", is hereby adopted.
W
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RESOLUTION NO. 2018-117
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING THE LEGISLATIVE PROGRAM
POLICY AND PROCEDURES AND THE 2018 LEGISLATIVE AND REGULATORY
PLATFORM FOR THE CITY OF SAN BERNARDINO
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 18t1i
day of April 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ y
BARRIOS
VALDIVIA
SHORETT
NICKEL 'k -
RICHARDRICHARD 2(
MULVIHILL X
Georgeann Ulmia, CMC, C Jerk
The foregoing Resolution is hereby approved this
101
day of April 2018.
61ce"ll (C-1)&;j -
R. Carey Davis ayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
B y:t
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CITY OF SAN
BERNARDINO
2021 Legislative agenda
The City of San Bernardino’s Legislative and Regulatory Platform guides City officials and staff
in considering and rapidly responding to legislative and regulatory proposals introduced at the
State and Federal levels based upon the City’s priority goals and objectives.
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City of San Bernardino
LEADERSHIP /GOVERNANCE
The City of San Bernardino is a Charter City operating under a council-manager form of
government with an at-large elected Mayor and seven Council Members elected by
constituents in a specific ward. Each elected official serves a four -year term. The Mayor and
Council appoint the City Attorney, City Clerk and the City Manager. Serving as the City’s Chief
Executive Officer, the City Manager has oversight responsibility for the departments of
Community and Economic Development, Finance, Human Resources, Information Technology,
Parks, Recreation and Community Services, Police, and Public Works. The City’s FY 2020/21
operating budget is $130.7 million including 616 full-time employees. The City also operates a
Library and Water Department which, by charter, are governed by separate oversight boards.
Fire and rescue services are provided through the County of San Bernardino Fire District.
John Valdivia
Mayor
Theodore Sanchez
Council Member
Ward 1
Sandra Ibarra
Council Member
Ward 2
Juan Figueroa
Council Member
Ward 3
Fred Shorett
Council Member
Ward 4
Water Board Sonia Carvalho
City Attorney
Robert Field
City Manager
Community and
Economic
Development
Finance
Administration/
General
Government
Human Resources
Information
Technology
Parks, Recreation
and Community
Services
Police
Public Works
Genoveva Rocha
City Clerk Library Board
Henry Nickel
Council Member
Ward 5
Bessine Richard
Council Member
Ward 6
Jim Mulvihill
Council Member
Ward 7
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C OMMUNITY PROFILE
Located in the Inland Empire within the Riverside-San Bernardino metropolitan area of
southern California, the City of San Bernardino is a community rich in history and cultural
diversity. Today, the City of San Bernardino, which was founded in 1810, serves as the county
seat and is the largest city in the County of San Bernardino with a population of over 218,000,
a total of 57,547 households, covering more than 62 square miles. Nearly 59 percent of
households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to
80 percent of the Department of Housing and Urban Development (HUD) Area Median Family
Income.
San Bernardino is located approximately 60 miles east of Los Angeles, 120 miles nort heast of
metropolitan San Diego and 55 miles northwest of Palm Springs. For more than 100 years,
the City of San Bernardino has been a major transportation link between the east and west
coasts. With rail, freeway, two nearby International Airports and the Port of Los Angeles within
an hour’s drive, San Bernardino is the link to national markets, Mexico and the Pacific Rim. In
2015, a Transit Center was opened, further connecting the City to more than 10 cities in a two
county area and provides access to transcontinental bus connections.
The Metrolink commuter rail service, available at the Santa Fe train station, provides long
distance transportation to commuters from the San Bernardino area to major centers of
employment, such as downtown Los Angeles, and Orange County, within 90 minutes. Further
enhancing commuter connectivity, a new light rail program is in development extending service
through San Bernardino to Redlands, California. The two San Bernardino stops are
strategically located in the civic center and hospitality corridors.
The two hospitals within the City limits, Community Hos pital of San Bernardino and St.
Bernardine’s Medical Center, are both state of the art facilities. City residents also have access
to the nearby Arrowhead Regional Medical Cen ter and the world renowned Loma Linda
University Medical Center. With 38 parks, including 31 playgrounds and eight community
centers, residents can enjoy playgrounds, swimming, youth sports, adult sports, senior
activities, and special interest classes. The City’s menu of programs and services includes a
public library system comprised of one main and three library branches that provide life-long
learning to the world of ideas, information and creative experience for all citizens of San
Bernardino.
Several highly regarded educational institutions are located within or in the nearby area.
California State University, San Bernardino is located in the northwestern part of the City. San
Bernardino Valley College is also within the City. The City is also home to the San Manuel
Gateway College & Loma Linda University Health, an innovative new higher education
resource that integrates training programs in health careers with clinical experience. Other
attractions in San Bernardino include the McDonald’s Museum, which is located on the original
site of the world’s first McDonald’s, California Theatre and the San Bernardino Mountains. In
addition, the City is home to the Los Angeles Angels farm club, the Inland Empire 66ers minor
league baseball team.
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LEGISLATIVE AGENDA
FINANCIAL STABLITY
The City is committed to developing a sustainable financial strategy that creates stability and
allows the City to reinvest in operations and infrastructure. In these efforts, the City will
support legislation that secures local government funding sources such as property taxes,
sales tax, transient occupancy taxes and grants. The City will oppose legislation that creates
unfunded mandates and legislation that eliminates or diverts local revenues.
FOCUSED, ALIGNED LEADERSHIP AND UNIFIED COMMUNITY
The City supports programs that promote community engagement and strengthen the City’s
neighborhoods. The City will support measures that provide for workforce development,
education and vocational training programs that meet the needs of the business communi ty,
improve job opportunities for residents and enhance regional education and job training
programs.
IMPROVED QUALITY OF LIFE
The City is committed to developing programs that enhance emergency response, reduce
crime and ensure neighborhoods and busines s areas are safe. As such, the City will support
legislation and seek funding that strengthens law enforcement’s efforts to prevent and reduce
crime and will help to contribute to emergency response and preparedness . The City supports
regional initiatives to reduce and prevent homelessness as well as regional efforts to attain
State and Federal funding for mutually beneficial projects, facilities, and shared resources.
The City will oppose reductions in Federal and State funding for public safety program s as well
as legislation and regulations that limit or preempt local control.
ECONOMIC GROWTH AND DEVELOPMENT
The City is dedicated to building a vibrant and sustainable local economy that allows for
business development and job creation. To achieve these goals and objectives, the City will
support legislative actions and funding that encourage economic development and provide the
tools and resources needed for business growth and investment. The City will oppose
measures that restrict the City’s ability to provide for local economic development or create
disadvantages for businesses at the local and state levels.
The City’s infrastructure has a direct impact on the quality of life in the City for both residents
and the business community. As such, the City is committed to maintaining, improving and
developing the City’s infrastructure including housing, parks, roads, bridges, sidewalks, bicycle
lanes, storm drains, street lights, traffic signals, water and wastewater systems, as well as
public transportation systems. The City will support legislation that provides funding and
support to meet the infrastructure needs of the community, including transit-oriented housing.
The City will oppose legislation that removes or reduces funding that would impact
infrastructure projects or public transportation.
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HOUSING AND ECONOMIC DEVELOPMENT
Housing Element: The 6th cycle Housing Element and associated environmental
documents will be reviewed for compliance with state law by the California State
Department of Housing and Community Development (HCD) and must be adopted by the
City Council no later than October 15, 2021.
Over the last few years, there have been substantial changes to state law related to
affordable (attainable) housing and the components of the state mandated Housing
Element. Due to these changes, it is anticipated that it will take HCD two rou nds to review
the draft Housing Element before it is ready for local government adoption. With the
financial constraints of local governments and the constraints placed on community
outreach associated with the COVID-19 pandemic, it is not feasible to facilitate meaningful
public participation in the Housing Element development and meet the state mandated
deadline for the Housing Element adoption. The City recognizes and shares in the State’s
goals for adequate housing at all income levels and that some solutions to the current
housing affordability crisis may impact local land use authority. The City supports robust
local community outreach and planning so that land use and zoning decis ions reflect the
unique needs of our community while still providing the requisite zoning to accommodate
housing.
Action: The City will advocate for the extension of the Housing Element submittal
deadline to accommodate for the impacts of COVID-19 on the ability to conduct robust
public participation. Any state preemption of local zoning or requirement to develop a
particular housing type must be based on the housing element and associated zoning,
provide some level of flexibility to meet the State’s zoning/housing goals so that
community input can be factored into decision making, and provide the City with credit
towards housing elements sites/Regional Housing Needs Assessment (RHNA).
Regional Housing Needs Assessment (RHNA): The City of San Bernardino is home to a
number of highly regarded educational institutions including California State University, San
Bernardino with over 19,000 students and San Bernardino Valley College with over 17,000
students that must be included in the City’s affordable housing plan. At present, State law
does not allow the housing needed to support the City’s student population to be counted
towards the City’s affordable housing requirements. Given the unique needs of the City’s
student population, consideration should be given to the inclusion of “student housing”
whether it be dormitories, single room occupancy (SROs), or similar housing types in the
City’s RHNA allocation.
Because this circumstance applies to only a handful of jurisd ictions, the Southern California
Association of Government (SCAG) recommends that housing needs generated by public
or private universities and colleges be addressed in the jurisdiction’s housing element if it is
applicable. However, it is not clear if HCD will accept this category of housing as it
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evaluates a local jurisdiction’s draft Housing Element and if such housing will be acceptable
and counts towards the jurisdictions RHNA allocation.
Action: The City will advocate for policies and regulations that allow “student housing”
whether it be dormitories, single room occupancy (SROs), or similar housing types to be
a qualified component of RHNA compliance requirements and to allow the production of
student housing over the previous five (5) years to be applied towards this cycle’s
allocation.
Transit Oriented Development (TOD): The City of San Bernardino is home to the San
Bernardino Transit Center (SBTC) connecting the City to more than 10 cities in a two
county area and providing access to transcontinental bus connections. This includes the
bus rapid transit (BRT) service referred to as sbX. The SBTC site includes two acres of
land and up to 150,000 square feet of potential transit oriented development in the form of
mixed-use with higher density urban housing as a component.
Action: The City of San Bernardino will support legislation, policies and funding that
links the development of housing with improved public transit system s, local
infrastructure and associated public services. Legislation, policies and funding must
avoid a one-size-fits-all approach and recognize differences in regional and local
community characteristics, demographics and contexts.
Economic Development: The dissolution of redevelopment agencies in 2012 statewide
has left local governments including the City of San Bernardino without the funding needed
to invest in economic development efforts. Moreover, local funding for the creation of
affordable housing was also eliminated through this action. City projects include former
Redevelopment Agency projects such as the Carousel Mall (formerly the Central City Mall)
occupying 44 acres of the City’s downtown, which will require demolition of four
commercial blocks. The Mall included three major anchors and 52 in-line stores with at
grade and structured parking.
Action: The City will support legislation and policies that support economic
development investment in projects such as the Carousel Mall project, including
demolition, environmental testing, and clean-up and infrastructure upgrades.
Homelessness
Transitional and Permanent Supportive Housing: According to the last point-in-time
count conducted by the County of San Bernardino, the City of San Bernardino is home to
over 25% of the unsheltered homeless individuals in the County. Unsheltered individuals
bring with them a myriad of health, socio-economic and environmental challenges that have
a significant impact on their well-being and the communities in which they reside.
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Addressing these complex issues requires a collaborative approach, working across levels
of government and with both public and private sector partners.
The City is committed to assisting in the development of and participating in an effective
regional approach to addressing homelessness, including providing transitional and
permanent supportive housing. Efforts include strengthening existing programs and
services; continued engagement and participation in the County’s Interagency Council on
Homelessness; and providing for supportive services to ensure these members of our
community can become permanently housed.
Action: The City supports regional initiatives to reduce and prevent homelessness , as
well as regional efforts to attain State and Federal funding for mutually beneficial
projects, facilities and shared resources. The City will support legislation and initiatives
that provide funding for permanent supportive housing for homeless individuals along
with the wrap-around services needed to assist these individuals to become
permanently housed. Additionally, the City will support programs that assist with
monitoring and evaluation of the progress of individuals in these programs to ensure
they are receiving the treatment and assistance they need.
Transportation and City Infrastructure
Streets and Roads: The City of San Bernardino has 621 miles of streets and roads,
requiring substantial repair and repaving. Independent pavement management engineers
rated more than 80% of the roads in San Bernardino as either poor or very poor. The cost
associated with getting all of the City’s streets up to established standards are estimated at
more than $210 million, not accounting for costs related to expansion of roadways or
improvements in pedestrian paths. The City receives an average of $3.7 million annually in
funding allocated through the State’s road maintenance and rehabilitation program (SB 1),
which is combined with an additional $1.6 million annually in local transportation funds.
While these funds are fully programmed on an annual basis for street rehabilitation
projects, they are not sufficient to address the City’s existing roadway improvement needs.
Action: The City will support legislation and policies that increase funding for streets,
highway and roadway projects needed to adequately support current and future growth,
particularly in disadvantaged communities.
Storm water Infrastructure: The City is responsible for the maintenance and operation of
storm water infrastructure in compliance with the requirements established under the 2010
Municipal Separate Storm Water Sewer System (MS4) permit. This order regulates waste
discharge requirements for the discharge of urban storm water from areas of San
Bernardino County within the Santa Ana Region to U.S. waterways. The requirements
established under the current storm water system regulations have placed a significant
financial burden on cities without any offsetting revenue. In order to comply with current
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mandates, the City’s storm water infrastructure must be retrofitted with trash capture
devices in areas of high density.
The repair, replacement, and expansion of storm drain infrastructure throughout the City
are needed to support current and future development. Storm water infrastructure
improvements are supported solely by development impact fees or general fund
appropriations.
Action: The City will support policies and programs that provide funding for the
planning, construction, operation and maintenance of storm water and flood control
projects.
Public Facilities: The City has a backlog of over $250 million in facility maintenance and
repairs needed to bring our public facilities u p to current standards. This includes the City Hall
campus buildings, parking structures, libraries, community centers and the animal shelter. The
City Hall facility, located in a high seismic activity zone, is not designed to meet modern
seismic building standards. The building has several deficiencies that need to be addressed,
including seismic retrofitting and systems replacements, with estimated costs in excess of $40
million. While the City has been able to program Community Development Block Grant
(CDBG) funding to address the most urgent facility improvement needs in many of the City’s
CDBG eligible libraries and community centers, funding for general government facilities is not
readily available.
Action: The City will support legislation and programs that provide funding designated
for general facility rehabilitation and improvements, in addition to supporting community
libraries, community centers, and animal shelter services.
Parks and Open Spaces: The City has 38 community parks, including 31 playgrounds and
eight community centers spread over more than 62 square miles. Many of the City’s older
parks and facilities are in need of renova tion, including the addition of active park services,
such as soccer fields, to meet community demand.
Action: The City will support legislation and policies that provide funding for local
governments to support parks and recreation programs to enhance the quality of life for
City residents. The City will support programs that provide funding for the rehabilitation,
development and capital improvements of local parks and community facilities. The City
will support efforts to ensure that recreational utility, amenities, condition and the availability
of improved outdoor space are taken into account as key factors in assessing the need for
funding. The City will also support policies and programs that provide the funding needed
to renovate public recreation facilities to conform to Federal Americans with Disabilities Act
(ADA) regulations.
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QUALITY OF LIFE
Library Services: The City operates a central library and three branch libraries providing
our community with free access to information and creative experiences. The City’s library
network offers access to 62 free internet public computers, free Wi-Fi and various electronic
resources. The State of California’s adopted 2020-21 budget reduced the California Library
Services Act (CLSA) funding by 50%. This funding is needed to support services such as e -
resources, material delivery and internet connectivity.
Action: The City will support legislation and funding for library services and facilities ,
including the restoration of funding for the CLSA.
Public Safety and Emergency Response: The City is committed to developing programs
that enhance emergency response, reduce crime and ensure neighborhoods and business
areas are safe.
Action: As such, the City will support legislation and seek funding that strengthens law
enforcement’s efforts to prevent and reduce crime and will help to contribute to
emergency response and preparedness. The City will oppose reductions in Federal and
State funding for public safety programs, as well as legislation and regulations that limit
or preempt local control.
Commercial Cannabis: The City supports the operation of permitted commercial
businesses. In order to ensure that legal cannabis businesses are able to operate and
remain competitive in the market place, the City seeks the State’s assistance in its
enforcement efforts against illegal/unlicensed cannabis operations. The City supports State
restrictions on the marketing of cannabis products to children and young adults.
Action: The City will support legislation and regulations that promote legal operators
and assist with enforcement efforts against illegal cannabis operations. The City will
also support legislation and regulations that ensure that cannabis or cannabis products
are not marketed in a manner that encourages underage consumption.
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Staff Report
City of San Bernardino
Request for Council Action
Date: November 18, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Jim Slobojan, Acting Finance Director
Subject: FY 2019/20 Year End Update & Approval of
Carryovers/Continuing Appropriations (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive and file the Year-End Revenue & Expenditure Analysis Update for Fiscal
Year 2019/20 as set forth in Exhibit I;
2. Adopt Resolution No. 2020-250 of the Mayor and City Council of the City of San
Bernardino, California, approving the FY 2019/20 Continuing Appropriations and
Encumbrance Carryovers and amending the FY 2020/21 Budget to include the
approved Continuing Appropriations and Encumbrance Carryovers as set forth in
Exhibit II; and
3. Authorize the Director of Finance to amend the FY 2020/21 budget to appropriate
$602,430 of Gas Tax funds to the Street Light Replacement project, Account #
126-160-8612*5504.
Background
After the end of each Fiscal Year, staff prepares an update for the Mayor and City
Council on the prior year revenues and expenditures compared to estimates given at
midyear. However, due to the COVID-19 pandemic, revenue estimates were revised
and presented on April 15, 2020. This report will compare revenue actuals to those
COVID-19 estimates and expenditure actuals to the amended budget, as well as
provide context and explanation to any varian ces.
The City’s independent auditors are currently performing the annual audit. Staff
anticipates the audit to be completed by late December 2020 with a final report provided
to the City by February 2021. As a result, the final audited numbers are not ye t
available. However, year-end accounting work is sufficiently complete to provide a
reliable estimate of the General Fund year-end financial results and projected reserve
balance. The primary focus of the year-end revenue and expenditure analysis update is
to review and present the General Fund operating results for FY 2019/20. Once the
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Comprehensive Annual Financial Report (CAFR) and audit is completed a more
comprehensive analysis of the General Fund will be presented. The CAFR will cover
the long-term assets, liabilities, and non-spendable fund balances of the General Fund
and all other City funds.
Part of the year-end process also includes identifying budget carryovers from FY
2019/20 into FY 2020/21. These carryovers are for goods, services, or p rojects that
have been approved by the Mayor and City Council in the prior year’s budget process
but have not been included in the subsequent year’s budget. Budget carryovers are
identified as either encumbrance carryovers or continuing appropriations.
Encumbrance carryovers are for goods, services, or projects that have executed
contracts and/or purchase orders in place. Continuing appropriations are budget
carryovers for goods, services or projects that have been previously approved by the
Council but contracts and/or purchase orders were not in place before the close of the
fiscal year. To continue with these contracts, purchase orders, or projects, staff annually
prepares the “Carryovers List” which adjusts the new fiscal year’s budget (FY 2020/21)
by the prior year unspent amounts. This process is necessary as all budget
appropriations lapse at the end of the fiscal year. Exhibit II details by fund both
encumbrance and continuing appropriations carryovers.
It is important to keep in mind that the budget carryover process is an annual
housekeeping item that does not appropriate any additional funds that the Mayor and
City Council had not already approved. Going forward, staff will include language
allowing the carryover process in the budget adoption res olution.
Discussion
Year-end Revenue and Expenditure Analysis Update for FY 2019/20: The most
recent year-end budget estimates for FY 2019/20 were presented to the Mayor and City
Council on April 15, 2020, when the effects of the COVID-19 pandemic were just
starting to impact the national, state and local economies. Based on information
available at that time, it was projected that it would be necessary to use almost $5.1
million of General Fund economic contingency reserves to balance the budget. The
projection assumed that the closures of businesses, especially retail and lodging, would
cause significant reductions to sales tax, transient occupancy tax (TOT), and other
revenues across the board. However, revenues, especially sales tax (regular sales tax
and Measure Z) proved to be more resilient than expected. Infusion of cash into the
economy from increased unemployment benefits and other federal relief programs
mitigated much of the reduction that was anticipated. Additionally, savings from strict
actions taken to reduce expenditures (hiring freeze, cancellation of travel and training,
closure of City Facilities, etc.) was not factored into year-end estimates.
The combination of better than expected revenues along with savings from expenditure
reductions prevented the need to dip into reserves and allowed the City to fully fund its
Economic Contingency Reserve. Combined, the Emergency Reserve, Economic
Contingency Reserve, and undesignated fund balance total $32,304,569. General
Fund revenues, expenditures and reserves are discussed in detail in their respective
sections below. While restoring the Economic Contingency Reserve is a positive
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development, it is important to remember that in order to balance the FY 2019/20
operating budget, 78 positions were eliminated and other service cuts were made to
resolve a projected deficit of $11.2 million. Additionally, the City does not have any
reserves set aside for capital improvements, equipment, or infrastructure improvements;
and reserves for risk management functions remain underfunded.
General Fund Revenues (Unaudited)
Unaudited General Fund revenues are projected to end the year at $133.8 million which
reflects an overall increase of 5.4% (or $6.9 million) over the FY 2019/20 COVID -19
Year-End projections. Major revenue projection variances are discussed below:
Sales tax: The City’s sales tax consultant, HdL, projected sales tax revenues to
end the year at $34.5 million. Instead, actual sales tax exceeded HdL’s COVID -
19 expectations by $3.2 million (or 9%). Given the unique nature of the pandemic
and little historical precedence to use as a basis for projecting the economic
impact the pandemic would have on the City’s revenues, HdL took a
conservative approach in preparing the City’s FY19/20 revenue projections
taking into consideration demographic, unemployment, potential business
closures and the unknown length of the shutdown. Below is a list of industries
and the projected impact on the midyear estimates for sales tax revenue
compared to the actual impacts on each industry:
Industry Type Projection Actuals
Autos & Transportation -35.00% -2.50%
Building & Construction -3.00% 22.00%
Business & Industry -27.00% 31.80%
Food & Drugs 5.00% 30.70%
Fuel & Service Stations -55.00% -41.30%
General Consumer Goods -45.00% -20.50%
Restaurants & Hotels -50.00% -24.20%
State & County Pools 20.00% 62.50%
In addition to the impact on each industry type, these estimates also took into
account those taxpayers that may have qualified for the 90 -day deferrals or 12-
month payment plan programs offered by the California Department of Tax and
Fee Administration (CDTFA). HdL’s estimates attempted to provide a “worst case
scenario” and assumed that those that qualified for those payments’ extension
would take advantage of the program, which would have pushed some FY
2019/20 money into FY 2020/21. However, most did not opt into the deferrals or
payment plan.
Measure Z Sales Tax: The City also utilizes HdL for Measure Z sales tax analysis
and, similar to sales tax, the same anticipated impacts to the economy factored
into the COVID-19 projections for Measure Z, which are projected to come in
$425,472 (or 4.5%) over COVID-19 estimates.
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Utility Users Tax: The City’s Utility Users tax (UUT) is expected to c ome in below
our Mid-Year projections by $619,153 (or 2.6%).
Licenses & Permits: License & Permit revenue is expected to come in $651,060
over our COVID-19 estimates. This revenue typically fluctuates significantly from
year to year based on the level of development within the City. Specific permits
that influenced this revenue stream’s increase were Building Permits, Public
Works Construction Permits, On-Site Permits, and other Miscellaneous Licenses
& Permits. Increased development in the City is spec ifically related to
warehousing, distribution and logistics buildings and other development
surrounding the San Bernardino International Airport.
Other Taxes: Taxes in this category include Public Safety Sales Tax, Tow
Franchise tax, and now the City’s Cannabis tax. The City received $222,419 in
Cannabis Taxes in FY 19/20, which was not budgeted.
Property Taxes in Lieu of VLF: Property Taxes in Lieu of VLF came in $681,942
above estimates. Increases to this revenue are due to the growth in gross
assessed valuation in the city.
Franchise Fees: Franchise Fees are anticipated to come in at $1,682,361 (or
16%) over the COVID-19 predictions. The actual revenue came in higher than
estimated due to an oversight of a residential and commercial services soli d
waste rate increase which went into effect in July 2019. The City receives
monthly franchise payments that equal 20% of the gross receipts from the
Franchise Area. The new rate increased the gross receipts and thus our
franchise revenue. The budget for FY 19/20 was based on actual revenue
received in FY 18/19. We will be adjusting FY 20/21 revenue estimates to reflect
the revised revenue number.
Intergovernmental: The City received $3,000,000 from the State of California to
update the General Plan. The midyear and COVID-19 projected amounts
included $3,000,000 in both revenues and expenditures for the General Plan
Update grant. However, the state grant funds were not spent prior to year -end.
Additionally, (as required for grant reporting and consistent with generally
accepted accounting principles), although the revenue was received it is not
recognized and booked as revenue until corresponding work has occurred. As a
result, there is no net impact to the General Fund. Going forward revenue and
expenditures related to this grant will be tracked in the General Plan Update
Fund.
Miscellaneous: The City received a donation from the estate of Sharell Paramo in
the amount of $1,500,000 during FY 19/20. The donor stipulated that funds be
used for the Parks department only, and staff has transferred this revenue to a
separate sub-fund in order to ensure that the full amount of the donation is used
in accordance with the donor’s intentions. One additional distribution was
received in August 2020 and staff is awaiting confirmation on any additional
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distribution payments. Staff will return with recommendations on the use of these
funds for the Mayor & City Council’s consideration and approval after receiving
the final disbursement from the trust.
Investment Income: Governmental Accounting Standards Board (GASB)
Statement #72, Fair Value Measurement and Application, requires that the City’s
investments be carried at fair value instead of cost. The City adjusts the carrying
value of its investments to reflect their fair value at each fiscal year-end and that
adjustment is included as income for that fiscal year. The total amount of the
unrealized fair value gain as of June 30, 2020 was $535,400.
Charges for Services: This category is under Midyear and COVID estimates by
$277,463. The primary reason for the decrease is due to the Cannabis Special
Events revenue. None of the budgeted $450,000 in Cannabis Special Events
revenue materialized because of the impacts of the pandemic. A major event
scheduled in April was cancelled when the stay-at-home order was issued. This
loss in revenue was offset by increased revenues from Police Miscellaneous
Receipts, Plan Check Fees, Plan Reviews, and Engineering Receipts.
Use of Money & Property: This category includes the rental income from City
owned property. The lowered estimate provided on April 15, 2020 anticipated
that business operators leasing property from the City would request lease
waivers or cancel their lease contacts with the City altogether. However , this loss
in revenue was offset by significant receipts from the Regal Theater. The theater
pays the City rent based on a percentage of tickets sold. Despite the closure of
the theater for the last part of the fiscal year, revenues collected prior to the
shutdown were significantly higher than expected. Additionally, this category
contains Interest on Idle Cash, which is $426,000 higher than the the budgeted
amount of $350,000.
General Fund Expenditures (Unaudited)
Unaudited General Fund expenditures are projected to end the year at $130,625,431,
reflecting a total General Fund budget savings of $4,546,307. Of this budget savings,
$2,171,574 is from salary and benefit savings citywide. This is above and beyond the
credit that the City budgets each year fo r expected salary savings. Due to the many
unknowns of the pandemic impacts, and in an effort to be conservative with available
budgets, staff restricted expenditures to address only the most critical, highest priority
needs during the last half of FY19/20, including the filling of vacant positions.
Large variances in actuals compared to the FY 19/20 Amended Budget are described
below:
City Council: Savings within the City Council office are across all operating
accounts, including the travel budgets for each Council Member.
General Government: Liability charges to the General Fund were approximately
$5 million higher than budgeted. Approximately $1.2 million in claims approved
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by Mayor & City Council was paid out in FY 2019/20; additionally, new claims
incurred but not paid in FY 2019/20 have been valued at $3.8 million, as
determined by a third-party actuary. This $5 million charge has been factored into
the totals shown in exhibit I. This overage is offset by savings in the General
Government budget due to savings in both the Animal Services and the
Bankruptcy Fund, which both receive funding via transfers from the General
Fund.
City Manager: Savings in the City Manager’s Office are largely due to salary and
benefit savings resulting from vacancies in the Administrative Services division.
Other savings are spread between each program and are minor in each
operating account.
Community & Economic Development: Significant savings in the CED
department are related to the $3,000,000 grant received from t he State of
California to update the City’s General Plan, as referenced above in the
Intergovernmental section of the General Fund Revenues. These funds were not
expensed in FY 19/20 and therefore appear as savings in exhibit I. Other savings
in the CED department are personnel related and in various M&O accounts.
Another area of savings was with the cannabis consultant, which was re-
budgeted in FY 20/21.
Finance: The Finance department budget is slightly over budget by $20,000.
This is due to increased payments to the City’s sales tax consultant. HdL, who
conducts on-going reviews to identify and correct unreported sales tax and
transactions and use tax payments and distribution errors. However, there is
also a corresponding increase in sales tax reven ue generated from the audits
that offsets this cost. The City pays HdL 15% of all new sales, or use tax
revenue received by the City (for the audit period) as a result of audit and
recovery work performed by HdL and the City retains the remainder.
Police Department: Over $2 million of the savings in the Police department’s
budget was in personnel from vacant positions. Most of the remaining operating
budget is being carried over as it relates to the purchase of previously budgeted
vehicles and the San Manuel grant funds.
Parks, Recreation, & Community Services: The majority of the savings in the
Parks department were from salary and benefit budgets. There was also
$108,000 in savings in electrical utility charges due to the closure of recreation
and senior centers since March as well as the lights at the baseball fields due to
the cancellation of the baseball season this year. The closure of the recreation
and senior centers also generated additional operating savings.
Public Works: Over $1 million of the savings in the Public Works department was
in personnel from vacant positions. The remainder of the savings is in the
Building Maintenance Division and is attributable to multiple facility closures due
to the pandemic, specifically the closure of parks, libraries, and community
centers. Because of the pandemic, the Building Maintenance division budgets
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established annually for major equipment or emergency building repairs were not
fully expended and no major equipment failures occurred in FY19/20 that
required use of these funds. Additionally, the replacement of capital equipment
and facility upgrades completed as part of the City’s CIP at the animal shelter,
201 building and various community centers helped to reduce annual
maintenance facility costs.
Library: Much of the savings in the Library department are due to reductions in
operating expenses associated with the closure of the City’s libraries mandated
by the COVID-19 pandemic including reductions in part-time salaries for
furloughed personnel. Our libraries have been closed to public access since
March 17, 2020.
The year-end revenue and expenditure analysis for FY 19/20 is shown in greater detail
in the attached Exhibit I.
General Fund Reserves & Reserve Policy
As illustrated in the chart below, after the adjustment to deduct the reserves for
carryovers and the $1.5 million park donation, the General Fund ended FY 19/20 with
$32,304,569 in budgeted reserves and available fund balance.
FY 2019/20 CHANGE IN AVAILABLE FUND BALANCE
FY 2019/20
ADOPTED
BUDGET
FY 2019/20
AMENDED
BUDGET
FY 2019/20
MID-YEAR
ESTIMATE
FY 2019/20
REVISED FOR
COVID 19
FY 2019/20
UNAUDITED
ACTUALS
Beginning Available Fund Balance July 1:
Undesignated - - - - -
Budget Reserves 29,175,978 29,175,978 29,175,978 29,175,978 29,175,978
Reserve for Carryovers 2,367,474 2,367,474 2,367,474 2,367,474 2,367,474
Total Available Beginning Fund Balance: 31,543,452 31,543,452 31,543,452 31,543,452 31,543,452
Operating Budget
Revenues: 126,883,000 130,743,132 132,098,468 126,903,574 133,805,175
Expenditures: (126,827,000) (135,171,738) (134,365,299) (134,365,299) (130,625,431)
Use of Reserve for Carryovers 2,367,474 2,367,474 2,367,474
Operating Surplus/(Deficit): 56,000 (2,061,132) 100,643 (5,094,251) 3,179,744
Adjustments to Fund Balance
Adjustment to Prepaid and Debt Service Reserve - - - - 599,215
Transfer to Restricted (for Parks Donation)- - - - (1,500,000)
Reserves for Carryovers (2,367,474) (2,367,474) (2,367,474) (2,367,474) (1,517,842)
Total Available Fund Balance 6/30/20 29,231,978 27,114,846 29,276,621 24,081,727 32,304,569
FY 2019/20 FUND BALANCE DESIGNATIONS
FY 2019/20
ADOPTED
BUDGET
FY 2019/20
AMENDED
BUDGET
FY 2019/20
MID-YEAR
ESTIMATE
FY 2019/20
REVISED FOR
COVID 19
FY 2019/20
UNAUDITED
ACTUALS
Operating Reserve:
Emergency Reserve - 15% of adopted budget 19,024,050 19,024,050 19,024,050 19,024,050 19,024,050
Economic Contingency Reserve -10% of adopted budget 10,207,928 8,090,796 10,252,571 5,057,677 12,682,700
Undesignated 597,819
Subtotal Available/Reserves 29,231,978 27,114,846 29,276,621 24,081,727 32,304,569
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Both the Emergency Reserve (15% of operating budget) and the Economic
Contingency Reserve (10% of operating budget) are fully funded, with a modest
additional balance of $597,819 available. It is important to remember that, while
restoring the Economic Contingency Reserve is a positive development, there are no
reserves for capital improvements, equipment, or infrastructure improvements; and
reserves for risk management functions are underfunded.
Revenues exceeded expenditures by $3.2 million. However, approximately half of this
surplus of $1.5 million is the receipt of the restricted $1.5 million park donation.
Revenues and expenditures are discussed in detail in their respective sections
earlier in this report.
The other item contributing to an increased available fund balance is related to a one -
time difference in the timing of payment for prepaid payroll and debt service expenses.
This timing difference resulted in $582,103 of fund balance that was previously
designated as non-spendable to become classified as spendable in FY 19/20. Going
forward, it is not expected for similar timing differences to have a significant impact on
available fund balance. There is no net impact to the General Fund from this adjustment
other than the year in which items were paid.
Non-General Fund - Revenues and Expenditures
Gas Tax: At the April 15, 2020 City Council meeting staff also presented information on
the Highway Users Tax Account (HUTA) funds, commonly referred to as the Gas Tax
fund. This update projected a decline in revenues for FY 19/20 between 15 -30%. In
order to ensure that this fund did not end the year in a deficit position, staff
recommended the defunding of one CIP project, Street Light Replacements (SS 17 -
000) by $602,430.
However, Gas Tax revenues, similar to General Fund sales tax revenues, prov ed to be
more resilient than expected. Actual unaudited revenues totaling $4.8 million for HUTA
Gas Tax were close to the optimistic 15% decline projection rather than the worst -case
scenario projection of a 30% revenue decline. This combined with savings in the Public
Works’ operating budget have increased the FY 19/20 ending fund balance from the
projected $598,706 to $903,411. The table presented on April 15 th has been updated for
your reference below.
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Best Case
Scenario*
Worst Case
Scenario*
Adopted
Budget
Amended
Budget
Estimated
Actuals
Estimated
15%
Estimated
30%
Unaudited
Actuals
Beginning Fund Balance 1,786,816 1,786,816 1,786,816 1,786,816 1,786,816 1,786,816
Revenues 5,506,908 5,506,908 5,506,908 4,680,872 3,854,836 4,770,621
Operational Expenditures (5,365,900) (5,576,300) (5,394,964) (5,394,964) (5,394,964) (4,756,516)
CIP Expenditures - (2,605,048) (1,076,448) (1,076,448) (1,076,448) (484,760)
CIP Expenditures to be Carried Over (412,749)
Fund Balance (Deficit)1,927,824 (887,624) 822,312 (3,724) (829,760) 903,411
Recommendation:
Defund Street Light Replace SS 17-000 602,430 602,430
Balance (Deficit) after Recommendations 598,706 (227,330) 903,411
* Based on update from Michael Coleman on April 2, 2020, The California Local Government Finance Almanac: A Very Early Look
at COVID-19 Impacts on Local Streets and Roads Funds
Staff recommends appropriating $602,430 of this ending fund balance to restore funding
to the Street Light Replacement CIP project that was defunded last fiscal year (SS 17 -
000). This is an important project that replaces streetlights destroyed due to
knockdowns and includes replacing foundations, pull boxes, luminaire mast arms,
conduits, and LED lights. Restoration of funding for this project will still leave $300,981
of ending fund balance available for other projects.
Encumbrance Carryovers: The Carryovers List has two components. First, the
Encumbrance Carryovers represent outstanding purchase orders issued to a vendor in
FY 2019/20 but were not complete as of June 30, 2020. These situations generally
occur because a project began too late in the fiscal year to be completed by June 30.
These encumbrances are legally binding commitments on the part of the City for the
specific project or purchaser reflected in the purchase order. The total amount of
outstanding purchase orders at June 30 across all City funds is $5,682,098 (of which
$798,439 is General Fund).
Continuing Appropriations: The other component of the Carryovers List is the
Continuing Appropriations. These amounts represent items or projects for which a
purchase order has not been issued by June 30, but the purchase/project is s till
recommended. For example, a department may have budgeted for a vehicle purchase
in their FY 2019/20 budget, but for various reasons was not able to complete the
purchase and get a PO issued by the end of the fiscal year. If the project is not “carri ed
over” (re-budgeted) in FY 2020/21, the funds will not be available to make the purchase
in the new fiscal year regardless of the need for the purchase. This Continuing
Appropriations reflects only those projects that staff recommends continuing in the new
fiscal year. The total amount of funding request for the Continuing Appropriations list is
$31,510,226 (of which $719,403 is General Fund).
It should be noted that the majority of these carryovers are related to Capital
Improvement projects or grants that are ongoing and not related to the General Fund.
All previously approved, ongoing CIP projects are recommended to be carried over.
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Carryovers of note are detailed and explained below:
Due to the executive order on the health epidemic and COVD-19 health related
concerns, the City of San Bernardino postponed the Annual State of the City
event originally scheduled for April 2, 2020. The event will be rescheduled for a
later date when health and safety conditions permit. The funding for this event
remains unspent in FY 19/20, and was not budgeted in FY 20/21. For this
reason, the Mayor’s office is requesting that these budgets be carried over. This
event was budgeted in the Cultural Development Fund.
The Public Safety Academy Cadet Grant program was awarded to the City in FY
16-17, however, stringent spending requirements made use of these funds
difficult. The Public Safety Academy recently expanded spending requirements
allowing the City to more easily utilize these funds. The City has already
accepted this grant, but expenditures need to be re-appropriated in order to allow
the Police department to spend grant funds.
The City received $3 million from the State of California to update the General
Plan. The midyear and COVID-19 projected amounts included $3,000,000 in
both Revenues and Expenditures for the General Plan Update grant. However,
the state grant funds were not spent prior to year -end. Additionally, (as required
for grant reporting and consistent with generally accepted accounting princi ples),
although the revenue was received it is not recognized and booked as revenue
until corresponding work has occurred. As a result, there is no net impact to the
General Fund. Going forward revenue and expenditures related to this grant will
be tracked in the General Plan Update Fund, which is a sub fund of the General
Fund.
In summary, the two lists (the encumbrance carryovers and the continuing
appropriations shown in Exhibit II) have been prepared by City Departments and
submitted for review by the Finance Department and the City Manager’s Office and is
presented for consideration. Sufficient available budget in FY 2019/20 has been
verified by the Finance Department to support the requests being made.
2020-2025 Key Strategic Targets and Goals
Approval of the Encumbrance Carryovers, Continuing Appropriations and receiving and
reviewing the FY 2019/20 Year-End Revenue and Expenditure Analysis Update aligns
with Goal No. 1: Financial Stability. The Mayor and City Council’s approval of the City’s
carryovers provides the budgetary authority to complete the projects and purchases
previously approved by the Mayor and City Council.
Fiscal Impact
Total financial impact to all City funds is detailed in Exhibit II to the Resolution. The
funding for the FY 2019/20 carryovers was previously approved in the FY 2019/20
amended budget.
Conclusion
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It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive and file the Year-End Revenue & Expenditure Analysis Update for Fiscal
Year 2019/20 as set forth in Exhibit I;
2. Adopt Resolution No. 2020-250 of the Mayor and City Council of the City of San
Bernardino, California, approving the FY 2019/20 Continuing Appropriations and
Encumbrance Carryovers and amending the FY 2020/21 Budget to include the
approved Continuing Appropriations and Encumbrance Carryovers as set forth in
Exhibit II; and
3. Authorize the Director of Finance to amend the FY 2020/21 budget to appropriate
$602,430 of Gas Tax funds to the Street Light Replacement project, Account #
126-160-8612*5504.
Attachments
Attachment 1 Resolution 2020-250; Exhibit I-Year-End Update; Exhibit II-
Encumbrance Carryovers & Continuing Appropriations
Ward: All
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RESOLUTION NO. 2020-250
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE FY 2019/20 CONTINUING
APPROPRIATIONS AND ENCUMBRANCE CARRYOVERS
AND AMENDING THE FY 2020-21 BUDGET TO INCLUDE
THE APPROVED CONTINUING APPROPRIATIONS AND
ENCUMBRANCE CARRYOVERS AS SET FORTH IN
EXHIBIT I AND EXHIBIT II
WHEREAS, the FY 2019/20 Budget was adopted on June 19, 2019; and
WHEREAS, the Encumbrance Carryovers and Continuing Appropriations reflect City
commitments to projects, services or purchases that were approved in FY 2019/20 but were not
completed or fully paid for by June 30, 2020, thereby necessitating authorization to carryover
and expend the funding in Fiscal year 2020/21.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council approve the continuation of the projects and
related funding as listed in the Encumbrance Carryovers and Continuing Appropriations lists,
attached hereto as Exhibit I and Exhibit II.
SECTION 3. The Director of Finance is hereby authorized to amend the FY 2020/21
budget by the amounts noted in the FY 2019/20 Continuing Appropriations and Encumbrance
Carryovers lists, as well as any previously approved, ongoing Capital Improvement Projects.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
3.a
Packet Pg. 53 Attachment: Attachment 1 - Resolution Year-End, Carryovers (6916 : FY 2019/20 Year End Update & Approval of Carryovers/Continuing
Resolution No. 2020-250
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
3.a
Packet Pg. 54 Attachment: Attachment 1 - Resolution Year-End, Carryovers (6916 : FY 2019/20 Year End Update & Approval of Carryovers/Continuing
Resolution No. 2020-250
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
3.a
Packet Pg. 55 Attachment: Attachment 1 - Resolution Year-End, Carryovers (6916 : FY 2019/20 Year End Update & Approval of Carryovers/Continuing
FY 2019-20 Year-End Update Exhibit I
General Fund Revenues by Category
FY 19/20
Adopted
Budget
FY 19/20
Amended
Budget
FY 19/20
Midyear
Estimates,
Pre-COVID-19
FY 19/20
Year-End
Estimates,
COVID-19 Adj.
FY 19/20
Year-End
Unaudited
Actuals
Variance of
Actuals from
COVID
Estimates
Charges for services 4,455,900 4,548,334 4,974,015 4,974,015 4,696,553 (277,463)
Fines and forfeitures 1,815,900 1,815,900 1,339,969 1,339,969 1,613,015 273,046
Franchise Tax 10,220,000 10,220,000 10,130,000 10,130,000 11,812,361 1,682,361
Intergovernmental 2,306,000 6,041,000 5,298,178 5,298,178 2,171,368 (3,126,811)
Investment income 432,000 432,000 450,058 450,058 1,081,496 631,437
Licenses & permits 10,453,000 10,453,000 10,987,079 10,987,079 11,738,139 751,060
Measure Z Sales Tax 9,021,000 9,021,000 9,378,979 8,768,000 9,193,472 425,472
Miscellaneous 2,446,800 2,479,498 2,436,902 2,436,902 4,407,333 1,970,431
Other Taxes 2,799,100 2,799,100 2,814,199 2,757,648 3,262,157 504,509
Transient Occupancy Tax 4,900,000 4,900,000 4,900,000 4,381,551 4,525,751 144,200
Property Taxes in Lieu of VLF 16,805,900 16,805,900 16,805,900 16,805,900 17,487,842 681,942
Sales and Use Tax 36,619,400 36,619,400 38,323,670 34,495,000 37,704,481 3,209,481
Use of Money and Property 908,000 908,000 959,517 779,273 1,430,363 651,090
Utility Users Tax 23,700,000 23,700,000 23,300,000 23,300,000 22,680,847 (619,153)
REVENUE SUBTOTAL 126,883,000 130,743,132 132,098,466 126,903,574 133,805,175 6,901,601
General Fund Expenditures by Department
FY 19/20
Adopted
Budget
FY 19/20
Amended
Budget
FY 19/20
Midyear
Estimates,
Pre-COVID-19
FY 19/20
Year-End
Estimates,
COVID-19 Adj.
FY 19/20
Year-End
Unaudited
Actuals
Variance of
Actuals from
Amended
Budget
010 Mayor 811,200 745,783 847,356 847,356 720,194 25,589
020 City Council 931,800 938,872 867,661 867,661 817,123 121,749
030 City Clerk 779,300 978,762 978,762 978,762 796,839 181,923
050 City Attorney 2,319,800 3,807,414 3,807,414 3,807,414 3,508,445 298,969
090 General Government 10,478,800 10,481,144 11,786,039 11,786,039 14,738,836 (4,257,692)
090 Budgeted Expenditure Savings (1,859,800) (1,859,800) (1,859,800) (1,859,800) (1,859,800)
100 City Manager 3,179,000 3,204,024 3,045,606 3,045,606 2,757,954 446,070
110 Human Resource 1,064,800 1,437,805 1,434,119 1,434,119 1,124,615 313,190
120 Finance 3,673,400 3,681,730 3,601,826 3,601,826 3,701,809 (20,079)
150 Special Assessment District - 118,755 118,755 118,755 118,755 -
160 Capital Improvement Projects - 2,118,230 956,333 956,333 939,132 1,179,098
180 Community & Economic Development 3,948,600 7,748,867 7,635,237 7,635,237 4,023,568 3,725,299
210 Police 80,164,900 80,438,524 79,666,201 79,666,201 77,789,228 2,649,296
380 Parks Recreation & Community 4,332,700 4,353,075 4,300,663 4,300,663 3,924,573 428,502
400 Public Works 15,189,900 15,146,095 15,370,648 15,370,648 13,976,424 1,169,671
470 Library 1,812,600 1,832,458 1,808,479 1,808,479 1,687,936 144,522
EXPENDITURES SUBTOTAL 126,827,000 135,171,738 134,365,299 134,365,299 130,625,431 4,546,307
Carryovers (Net of Revenues & Expenditures)(2,367,474) (2,367,474) (2,367,474) (1,517,842)
Transfer of Parks Donation to Separate Fund (1,500,000)
General Fund Position - Surplus (Deficit)56,000 (2,061,132) 100,641 (5,094,251) 161,902
3.b
Packet Pg. 56 Attachment: Attachment 2 - Year-End Update, Exhibit I (6916 : FY 2019/20 Year End Update & Approval of Carryovers/Continuing
Continuing Appropriations Exhibit II
Fund Department Account Project Title
Sum of Amount
to Carryover
General
CIP Construction City Yard Roof Replacement 28,500
CIP Construction Citywide Medians Rehabilitation 735,000
CIP Construction Delmann Heights Assessment 29,895
CIP Construction Facilities Replacement 56,357
CIP Revenue Citywide Medians Rehabilitation, Revenue (735,000)
City Attorney Outside Legal Services Outside Legal Services 130,000
City Clerk Professional/Contractual Election Budget for Primary election, late invoice 73,215
City Council Civic & Promotional Hometown Heros Military Banners 4,258
City Manager Professional/Contractual Professional Services Neighborhood Match 18,000
HR Professional/Contractual Classification & Compensation 50,000
HR Professional/Contractual Labor Negotiation Services 65,000
Library Other Professional Services Stanley Burglar Repair 698
Mayor Materials & Supplies Mayor's onramp/offramp project 2,000
Parks Materials & Supplies New software program for Cemetery 8,000
Parks Materials & Supplies Senior Services Donations 5,501
Parks Other Professional Services New software program for Cemetery 2,500
Police Motor Vehicles San Manuel Community Credit Fund expenditures 121,000
Police Overtime San Manuel Community Credit Fund 124,479
General Total 719,403
Grant Fund
CIP Construction Anne Shirrells Park & Community Center 135,000
CIP Construction ATP Cycle 2 - Safe Routes to Schools project at 3 locations 2,145,410
CIP Construction City-wide Bus Stop Improvements 26,936
CIP Construction Upgrade Various Signal Hardware on 224 Signalized Intersections on
Various Arterials 120,429
CIP Construction Waterman & I-10 Co-Op with State 330,608
Library Education & Training Education & Training 1,085
Library Materials & Supplies Makerspace 7,801
Library Meetings & Conferences Meetings & Conferences 2,000
Police Computer Equipment OTS Grant PT20151 492
Police Education & Training OTS Grant PT20151 2,839
Police Materials & Supplies Homeland Security Grant FY2018 38,025
Police Materials & Supplies OTS Grant PT20151 5,550
Police Medicare OTS Grant PT20151 4,239
Police Other Professional Services BSCC Local Law Enforcement Group 17,498
Police Overtime OTS Grant PT20151 206,766
Police Part-Time Salaries *Public Safety Academy Cadet Grant 63,116
Police Software Maintenance OTS Grant PT20151 2,800
Police Workers Compensation OTS Grant PT20151 7,237
Grant Fund Total 3,117,831
Cultural Development
CIP Construction Anne Shirrells Park & Community Center 77,264
Library Computer Equipment Virtual Drives 6,002
Mayor Advertising State of the City 5,000
Mayor Materials & Supplies State of the City 3,000
Mayor Meetings & Conferences State of the City 3,000
Mayor Postage State of the City 1,000
Mayor Printing Charges State of the City 1,566
Mayor Professional/Contractual State of the City 4,741
Cultural Development Total 101,573
3.c
Packet Pg. 57 Attachment: Attachment 3 - Carryovers, Exhibit II (6916 : FY 2019/20 Year End Update & Approval of Carryovers/Continuing Appropriations (All
Continuing Appropriations Exhibit II
Fund Department Account Project Title
Sum of Amount
to Carryover
Fleet Services
CIP Construction Upgraded CNG fuel Island 1,919,354
Fleet Services Total 1,919,354
ESG
CED Professional/Contractual Program 8738 - ESG Salvation Army 70,436
ESG Total 70,436
HOME
CED Outside Legal Services Outside Legal Services 24,911
CED Professional/Contractual Program 8739 - Home Affordable Housing Ownership 701,786
HOME Total 726,697
NSP1
CED Professional/Contractual NSP Consultant - Action Plan & Close Out 70,000
CED Professional/Contractual NSP Consultant - Financial Pro forma 60,000
CED Professional/Contractual Program 8658 - Arrowhead Grove Mixed Income Housings 900,000
NSP1 Total 1,030,000
CDBG
CED Outside Legal Services Outside Legal Services 9,000
CIP Construction Citywide Annual Concrete Repairs 117,572
CIP Construction Playground Equipment Replacement 111,516
CDBG Total 238,088
Gas Tax
CIP Construction Citywide Annual Concrete Repairs 380,195
CIP Construction Citywide Pavement Rehabilitation (Slurry/Crack Seal) 32,554
Gas Tax Total 412,749
Measure I
CIP Construction ATP Cycle 2 - Safe Routes to Schools project at 3 locations 66,600
CIP Construction Citywide Annual Concrete Repairs 151,139
CIP Construction City-wide Bus Stop Improvements 38,087
CIP Construction Citywide Pavement Rehabilitation (Slurry/Crack Seal) 644,092
CIP Construction Co-op with City of Highland - Six Locations 159,731
CIP Construction Pepper Avenue Rehabilitation from Baseline Road to Mill Street 199,431
CIP Construction Sterling Avenue Rehab from Pacific to Highland Ave (County Lead
Coop)695,990
CIP Construction University Parkway & I-215 Improvements 303,911
CIP Construction Co-op with City of Redlands, Mt View 84,400
Measure I Total 2,343,380
Storm Drain Construction
CIP Construction Patton Basin Repair of Damaged Outlet 218,252
CIP Construction Sierra Way Storm Drain 3,972,879
CIP Construction Waterman & Baseline Culvert 135,001
CIP Construction Storm Drain Annual Repairs 1,011,445
Storm Drain Construction Total 5,337,576
Local Regional Circulation
CIP Construction 6th Street Interconnect, F Street to D Street 15,000
CIP Construction 9th Street and Medical Center Traffic Signal Upgrade 353,760
CIP Construction 9th Street Interconnect, G Street to Arrowhead 13,703
CIP Construction Baseline Ave Interconnect, Sierra Way to Valencia Ave 154,708
CIP Construction Del Rosa Avenue and Date Place Traffic Signal Upgrade 308,876
3.c
Packet Pg. 58 Attachment: Attachment 3 - Carryovers, Exhibit II (6916 : FY 2019/20 Year End Update & Approval of Carryovers/Continuing Appropriations (All
Continuing Appropriations Exhibit II
Fund Department Account Project Title
Sum of Amount
to Carryover
Local Regional CirculationCIP Construction Highland and Patton State Hospital Traffic Signal Upgrade 361,201
CIP Construction Highland Ave Interconnect, Sierra Way to Golden Ave 273,621
CIP Construction Mill and K Street Traffic Signal Upgrade 33,745
CIP Construction Mill Street and Arrowhead Traffic Signal Upgrade 32,018
CIP Construction Tippecanoe Ave Interconnect, Central Ave to Orange Show 35,000
CIP Construction Traffic Management Center (TMC) (Annual) 5,731
CIP Construction Traffic Signal Battery Backup Systems (Annual) 12,929
CIP Construction Waterman & I-10 Co-Op with State 6,932
CIP Construction Waterman Ave Interconnect, Rialto Ave to Vanderbilt Way 87,333
Local Regional Circulation Total 1,694,557
Regional Circulation System
CIP Construction "H" Street Widening from Kendall Drive to 40th Street 1,253,536
CIP Construction 2nd Street Bridge Replacement at Warm Creek 2,121,196
CIP Construction 40th Street Widening from Johnson Street to Electric Avenue 2,619,751
CIP Construction Mt. Vernon Bridge Replacement 1,113,833
CIP Construction State Street Extension Phase 1- 16th Street to Baseline Road 1,569,072
Regional Circulation System Total 8,677,387
SB 1600 Parkland
CIP Construction Al Guhin Park Plaground Equipment 129,114
SB 1600 Parkland Total 129,114
Quimby Parkland
CIP Construction Al Guhin Park Plaground Equipment 108,204
Quimby Parkland Total 108,204
Integrated Waste
CIP Construction Watertman Landfill Vapor Extraction System 4,438,546
Integrated Waste Total 4,438,546
SB1
CIP Construction Little Mountain Street Improvement 257,127
SB1 Total 257,127
Verdemont Capital
CIP Construction Verdemont Community Center 168,205
Verdemont Capital Total 168,205
Successor Agency
CIP Construction Montgomery Ward Soil Extraction 20,001
Successor Agency Total 20,001
General Plan Update
CED Professional/Contractual General Plan Update 3,000,000
CED Revenue General Plan Update Revenue (3,000,000)
General Plan Update Total -
Grand Total 31,510,226
3.c
Packet Pg. 59 Attachment: Attachment 3 - Carryovers, Exhibit II (6916 : FY 2019/20 Year End Update & Approval of Carryovers/Continuing Appropriations (All
Encumbrance Carryovers Exhibit II
Fund Department Account
Purchase Order
Number Vendor Name
Sum of Amount
to Carryover
Animal Control Fund
Animal Services Professional/Contractual 2020-873 CPS HR Consulting 20,036.53
CIP Construction 2020-667 Noble E&C 0.10
Animal Control Fund Total 20,036.63
AQMD
PW Motor Vehicles 2020-332 Haaker Equipment Co 479,890.44
PW Motor Vehicles 2020-414 Wondries Fleet Group 219,155.49
AQMD Total 699,045.93
CDBG
CED Professional/Contractual 2020-547 National Community Renaissance 179,723.00
CDBG Total 179,723.00
General Fund
CED Professional/Contractual 2019-1080 Ludwig Engineering 38,233.00
CIP Construction 2019-1077 CommunityWorks Design Group 8,561.48
CIP Construction 2019-829 Miller Architectual Corporation 2,821.04
CIP Construction 2020-947 Bligh Pacific 279,517.00
City Attorney Legal Services 2020-326 Best Best & Krieger 7,778.83
City Attorney Legal Services 2020-544 Lynberg & Watkins 22,579.28
City Attorney Legal Services 2020-761 Carpenter Rothans & Dumont 41,649.10
City Attorney Legal Services 2020-840 Lawrence Beach, Allen & Choi 32,098.50
City Attorney Legal Services 2020-944 Colantuono Highsmith & Whatley PC 21,155.89
City Attorney Legal Services 2020-945 Jones & Mayer 12,279.96
City Clerk Professional/Contractual 2020-786 San Bernardino County Registrar of Voters 49,994.53
City Council Civic & Promotional 2019-594 Out of the Box Printing 1,666.83
City Manager Printing Charges 2020-82 Terris Barnes Walters Boigon Heath 6.19
City Manager Professional/Contractual 2020-82 Terris Barnes Walters Boigon Heath 18,216.97
City Manager Professional/Contractual 2020-847 Bob Hall & Associates 13,500.00
City Manager Professional/Contractual 2020-858 KOA Corporation 2,780.00
Finance Professional/Contractual 2020-704 Eide Bailly LLP 4,925.00
Finance Professional/Contractual 2020-743 Columbia Capital Management LLC 6,437.50
HR Professional/Contractual 2020-560 Public Sector Personnel Consultants 45,000.00
HR Professional/Contractual 2020-792 Barboza & Associates 18,089.75
HR Professional/Contractual 2020-933 Barry Aninag Investigations LLC 10,000.00
Police Motor Vehicles 2020-0223 West Coast Lights & Sirens 21,902.82
Police Other Operating Expenses 2019-0691 Tyler Technologies, Inc 40,765.50
Police Materials & Supplies 2020-0498 Proforce Law Enforcement 4,244.66
Police Materials & Supplies 2020-0810 Sun Badge Co.7,664.04
Police Materials & Supplies 2020-548 Lehr Auto Electric 59.91
Police Motor Vehicles 2020-0534 Fairview Ford 78,097.18
Police Professional/Contractual 2020-548 Lehr Auto Electric 8,414.45
General Fund Total 798,439.41
Grant Fund
CIP Construction 2018-993 International Line Builders 37,973.68
CIP Construction 2019-827 Infrastructure Engineers 2,000.00
CIP Construction 2020-882 Kimley Horn & Associates 414,662.67
CIP Construction 2020-942 Iteris 280,722.70
City Manager Professional/Contractual 2020-357 Operation New Hope 21,565.21
City Manager Professional/Contractual 2020-358 So Ca Mountains Foundation 41,156.26
Library Other Professional Services 2020-587 CSUSB 258.78
Library Materials & Supplies 2020-449 Amazon 6,500.49
Police Motor Vehicles 2020-0681 Fairview Ford 73,585.18
Grant Fund Total 878,424.97
3.c
Packet Pg. 60 Attachment: Attachment 3 - Carryovers, Exhibit II (6916 : FY 2019/20 Year End Update & Approval of Carryovers/Continuing Appropriations (All
Encumbrance Carryovers Exhibit II
Fund Department Account
Purchase Order
Number Vendor Name
Sum of Amount
to Carryover
HOME
CED Professional/Contractual 2019-1082 Keyser Marston Associates Inc 1,145.31
CED Professional/Contractual 2020-860 Neighborhood Partnership Housing 450,000.00
HOME Total 451,145.31
Integrated Waste
CIP Construction 2020-429 Tetra Tech 561,454.00
Integrated Waste Total 561,454.00
Local Regional Circulation
CIP Construction 2020-785 Iteris 33,800.00
CIP Construction 2019-784 KOA Corporation 3,871.14
CIP Construction 2019-784 KOA Corporation 2,814.05
CIP Construction 2019-784 KOA Corporation 2,305.89
CIP Construction 2019-784 KOA Corporation 3,630.00
CIP Construction 2019-784 KOA Corporation 2,752.24
Local Regional Circulation Total 49,173.32
Measure I
CIP Construction 2018-808 Civil Source 5,000.00
CIP Construction 2019-827 Infrastructure Engineers 8,314.08
Measure I Total 13,314.08
NSP1
CED Legal Services 2020-691 Stradling Yocca Carlson & Rauth 12,598.40
CED Professional/Contractual 2020-837 Priscila Davila & Associates Inc 37,575.00
NSP1 Total 50,173.40
Regional Circulation System
CIP Construction 2020-599 SBCTA 1,035,053.97
CIP Construction 2019-561 Engineering Resources of Southern California 18,662.00
CIP Construction 2019-596 Paragon Partners 11,437.93
CIP Construction 2019-825 Engineering Resources of Southern California 39,201.05
CIP Construction 2020-926 Paragon Partners 21,696.25
CIP Construction 2019-1148 Tetra Tech 75,923.15
CIP Construction 2019-830 Overland Pacific & Cutler 1,245.44
CIP Construction 2020-759 Paragon Partners 70,361.35
CIP Construction 2020-658 California Professional Engineerin, Inc 6,398.47
Regional Circulation System Total 1,279,979.61
Storm Drain Construction
CIP Construction 2020-661 Jeremy Harris Construction 1.35
CIP Construction 2019-502 GPA Consulting 5,788.25
CIP Construction 2019-833 Engineering Resources of Southern California 47,700.08
Storm Drain Construction Total 53,489.68
Successor Agency
CIP Construction 2020-81
Ninyo & Moore Geotechnical &
Environmental Science 49,816.00
Successor Agency Total 49,816.00
Traffic Safety Fund
Police Motor Vehicles 2020-0223 West Coast Lights & Sirens 131,332.88
Police Motor Vehicles 2020-0534 Fairview Ford 413,225.90
Traffic Safety Fund Total 544,558.78
3.c
Packet Pg. 61 Attachment: Attachment 3 - Carryovers, Exhibit II (6916 : FY 2019/20 Year End Update & Approval of Carryovers/Continuing Appropriations (All
Encumbrance Carryovers Exhibit II
Fund Department Account
Purchase Order
Number Vendor Name
Sum of Amount
to Carryover
Workers Compensation
HR Legal Services 2020-95 Goldman Magdalin & Krikes LLP 53,324.28
Workers Compensation Total 53,324.28
Grand Total 5,682,098.40
3.c
Packet Pg. 62 Attachment: Attachment 3 - Carryovers, Exhibit II (6916 : FY 2019/20 Year End Update & Approval of Carryovers/Continuing Appropriations (All
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 18, 2020
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Subject: August-October 2020 City Board, Commission & Citizen
Advisory Committee Approved Minutes (All Wards)
Recommendation
Receive and file the minutes from the City’s Board, Commission, and Citizen Advisory
Committee meetings approved in September and October 2020.
Background
On February 7, 2018, the Mayor and City Council adopted general provisions for the
City’s Boards, Commissions and Citizen Advisory Committees under Municipal Code
Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.
Discussion
In keeping with the reporting requirements established in Municipal Code Chapter
2.17.080, the minutes for the Board, Commission and Citizen Advisory Committee
meetings that were approved in September and October 2020 , are presented for review
by the Mayor and City Council including the:
1. Measure Z Oversight Committee - August 10, 2020
2. Planning Commission - September 22, 2020
3. Water Board - September 22, 2020; October 13, 2020
2020-2025 Key Strategic Targets and Goals
Providing the agendas and minutes from each of the City’s Boards, Commissions and
Citizen Advisory Committees to the Mayor and City Council is in alignment with Key
Target No. 2: Focused, Aligned Leadership And Unified Community by building a
culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City.
Conclusion
Receive and file the minutes from the City’s Board, Commission, and Citizen Advisory
Committee meetings approved in September and October 2020.
Attachment
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Attachment 1 The City’s Board, Commission and Citizen Advisory Committee
Meeting minutes approved in September and October 2020; Exhibit
A - Measure Z Oversight Committee - August 10, 2020; Exhibit B -
Planning Commission - September 22, 2020; Exhibit C - Water
Board - September 22, 2020; October 13, 2020
Ward: All
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 18, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Jim Slobojan, Acting Finance Director
Subject: Approval of Commercial and Payroll Disbursements (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for October 2020.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website, and are updated weekly
by the Finance Department. The registers may be accessed by copying the following link
into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp>
Discussion
Gross Payroll
Bi-Weekly for October 29, 2020 $2,264,611.76
Total Payroll Demands: $2,264,611.76
The following check registers are being presented for approval:
October 20, 2020 2020/21 (Register #18)$751,258.57
October 22, 2020 2020/21 (Register #19)603,078.70
October 29, 2020 2020/21 (Register #20)1,552,055.39
Total commercial check demands:$2,906,392.66
The following Electronic Funds Transfer (EFT) registers presented for approval:
October 02 to October 09, 2020 2020/21 (Register #987-#990)$1,095,676.07
October 16, 2020 2020/21 (Register #991-#992)1,239,119.82
October 23, 2020 2020/21 (Register #993)843.33
October 20 to October 30, 2020 2020/21 (Register #994-#996)801,686.45
Total commercial EFT demands:$3,137,325.67
2020-2025 Key Strategic Targets and Goals
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Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Financial Stability by creating a framework
for spending decisions.
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and no further budgetary impact
is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for October 2020.
Attachments
Attachment 1 Payroll Summary Report for October 2020
Attachment 2 Commercial checks & Payroll Register #18
Attachment 3 Commercial checks & Payroll Register #19
Attachment 4 Commercial checks & Payroll Register #20
Attachment 5 Commercial EFT Registers #987-990
Attachment 6 Commercial EFT Registers #991-992
Attachment 7 Commercial EFT Registers #993
Attachment 8 Commercial EFT Registers #994-996
Ward: All
Synopsis of Previous Council Actions:
5
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Fund 629-Liability Insurance Fund$700,000.00Fund 784-Payroll Clearing Fund$539,119.82$1,239,119.82City of San Bernardino Accounts Payable Warrant Register Summary by Fund Register #991-992 10.16.205.fPacket Pg. 134Attachment: FN. EFT Register #991-992. ATTACHMENT#6 (6978 : Approval of Commercial and Payroll
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 18, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Jim Slobojan, Acting Finance Director
Subject: Investment Portfolio Report for October 2020 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California accept and file the Monthly Investment Portfolio Report for October 2020.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio
Report be prepared and submitted to the Mayor and City Council. The Director of
Finance will prepare, review, and present the City’s Investment Portfolio Report and
confirm that the portfolio is in compliance with the City’s Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s
investment portfolio for the month ended October 31, 2020.
The City’s Investment Portfolio is in full compliance with the City’s current Investment
Policy and California Government Code Section 53601, and there is sufficient cash flow
from a combination of liquid and maturing securities, bank deposits, and income to meet
the City’s expenditure requirements.
2020-2025 Key Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key
Target No. 1: Financial Stability by Implementing and maintaining and updating a fiscal
accountability plan
Fiscal Impact
None
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California accept and file the Monthly Investment Portfolio Report for October 2020.
Attachments
Attachment 1 Investment Portfolio Report October 2020
6
Packet Pg. 139
6979
Page 2
Ward: All
Synopsis of Previous Council Actions: None
6
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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
October 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
State Local Agency Investment Fund
0.612LOCAL AGENCY INVESTMENT FUND10001 30,061,840.35 30,061,840.35 0.62030,061,840.35SYS 1
30,061,840.3530,061,840.3530,061,840.3528,645,735.06Subtotal and Average 0.612 1
Managed Pool Accounts
0.562CALTRUST GOVT INVESTMENT FUND20008 1,780.33 1,780.33 0.5701,780.3320008 1
1,780.331,780.331,780.331,779.36Subtotal and Average 0.562 1
Corporate Notes
1.908AMERICAN HONDA FINANCE CORP30559 1,000,000.00 1,000,378.75 05/10/20231.95001/10/2020 1,035,180.00 A02665WDH1 920
1.732APPLE INC30554 1,000,000.00 998,979.11 09/11/20221.70012/10/2019 1,026,160.00 Aaa037833DL1 679
1.800APPLE INC30561 1,000,000.00 999,074.45 09/11/20241.80001/24/2020 1,045,340.00 Aa037833DM9 1,410
2.152BANK OF AMERICA CORPORATION30549 1,000,000.00 1,000,000.00 10/30/20222.10010/30/2019 991,510.00 Aa06048WD72 728
1.904BANK OF NEW YORK MELLON CORP30547C 2,000,000.00 2,014,419.57 08/16/20232.20010/16/2019 2,096,100.00 Aaa06406FAD5 1,018
1.180JOHNSON & JOHNSON30570 1,000,000.00 1,001,498.32 03/01/20211.65003/03/2020 1,003,380.00 Aaa478160BS2 120
2.268J.P. MORGAN CHASE & CO30551 1,000,000.00 1,000,000.00 12/23/20242.30012/23/2019 1,008,450.00 Aaa48128GN97 1,513
1.036J.P. MORGAN CHASE & CO30582 1,000,000.00 1,000,000.00 06/23/20251.05006/23/2020 995,190.00 Aaa48128GU40 1,695
0.789J.P. MORGAN CHASE & CO30595 1,000,000.00 1,000,000.00 08/18/20250.80008/18/2020 988,760.00 Aaa48128GV56 1,751
1.731CHARLES SCHWAB CORP30563 1,064,000.00 1,084,640.46 01/25/20232.65001/27/2020 1,113,454.72 Aa808513AT2 815
2.096TOYOTA MOTOR CREDIT CORP30548 1,000,000.00 1,000,000.00 10/22/20242.12510/22/2019 1,008,140.00 Aaa89236TGN9 1,451
12,098,990.6612,311,664.7212,064,000.0012,099,702.55Subtotal and Average 1.709 1,091
Federal Agency Issues - Coupon
1.567FEDERAL FARM CREDIT BANK30555 2,000,000.00 2,011,407.18 12/13/20212.11012/31/2019 2,043,160.00 Aaa3133EH2T9 407
1.612FEDERAL FARM CREDIT BANK30564 1,000,000.00 999,240.96 02/10/20231.60002/11/2020 1,003,500.00 Aaa3133ELMD3 831
0.572FEDERAL FARM CREDIT BANK30573 1,000,000.00 1,000,000.00 06/03/20240.58006/03/2020 1,000,810.00 Aaa3133ELE67 1,310
0.721FEDERAL FARM CREDIT BANK30579 1,000,000.00 999,539.26 02/20/20250.72006/19/2020 995,540.00 Aaa3133ELA46 1,572
0.278FEDERAL FARM CREDIT BANK30596 1,000,000.00 999,658.43 10/05/20230.27010/05/2020 999,630.00 Aaa3133EMBQ4 1,068
0.158FEDERAL FARM CREDIT BANK30597 1,000,000.00 1,000,000.00 10/13/20220.16010/13/2020 998,690.00 Aaa3133EMCH3 711
0.138FEDERAL FARM CREDIT BANK30598 1,000,000.00 1,000,000.00 04/08/20220.14010/08/2020 998,880.00 Aaa3133EMCJ9 523
1.781FEDERAL HOME LOAN BANK30522 1,000,000.00 999,638.11 12/24/20201.55001/09/2017 1,001,990.00 Aaa313381P25 53
1.913FEDERAL HOME LOAN BANK30523 1,000,000.00 999,285.62 11/29/20211.87501/19/2017 1,018,460.00 Aaa3130AABG2 393
1.926FEDERAL HOME LOAN BANK30528 1,000,000.00 999,205.50 11/29/20211.87502/14/2017 1,018,460.00 Aaa3130AABG2 393
1.672FEDERAL HOME LOAN BANK30534 1,000,000.00 1,000,228.38 04/07/20211.75006/14/2017 1,006,990.00 Aaa3130AB5A0 157
1.687FEDERAL HOME LOAN BANK30535 1,000,000.00 1,000,969.91 06/11/20211.87506/22/2017 1,010,690.00 Aaa313379RB7 222
2.836FEDERAL HOME LOAN BANK30540C 1,000,000.00 1,000,000.00 01/29/20242.87501/29/2019 1,005,780.00 Aaa3130AFRQ2 1,184
1.726FEDERAL HOME LOAN BANK30565 2,000,000.00 2,000,000.00 02/12/20251.75002/12/2020 2,005,340.00 Aaa3130AJ5F2 1,564
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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
October 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Federal Agency Issues - Coupon
1.529FEDERAL HOME LOAN BANK30566 1,000,000.00 1,000,000.00 03/25/20241.55003/25/2020 1,003,030.00 Aaa3130AJAX7 1,240
1.341FEDERAL HOME LOAN MORTGAGE CRP30518 1,000,000.00 998,228.80 08/12/20211.12511/07/2016 1,007,710.00 Aaa3137EAEC9 284
1.978FEDERAL HOME LOAN MORTGAGE CRP30525C 425,000.00 424,973.67 01/26/20222.00001/30/2017 433,852.75 Aaa3134GAU44 451
2.096FEDERAL HOME LOAN MORTGAGE CRP30529C 1,000,000.00 1,000,000.00 02/28/20222.12502/28/2017 1,026,020.00 Aaa3134GA5T7 484
1.973FEDERAL HOME LOAN MORTGAGE CRP30530C 1,000,000.00 1,000,000.00 09/16/20212.00003/16/2017 1,016,020.00 Aaa3134GA5C4 319
1.933FEDERAL HOME LOAN MORTGAGE CRP30531 1,000,000.00 999,399.56 07/26/20211.87503/06/2017 1,012,570.00 Aaa3134G9M20 267
2.042FEDERAL HOME LOAN MORTGAGE CRP30537C 1,000,000.00 999,003.11 04/26/20222.00011/06/2017 1,027,590.00 Aaa3134GBP55 541
0.444FEDERAL HOME LOAN MORTGAGE CRP30576 1,000,000.00 1,000,000.00 06/01/20230.45006/01/2020 1,000,180.00 Aaa3134GVB72 942
0.414FEDERAL HOME LOAN MORTGAGE CRP30577 1,000,000.00 1,000,000.00 03/17/20230.42006/17/2020 1,000,150.00 Aaa3134GVQ50 866
0.444FEDERAL HOME LOAN MORTGAGE CRP30578 1,000,000.00 1,000,000.00 12/29/20230.45006/29/2020 999,180.00 Aaa3134GVS82 1,153
0.641FEDERAL HOME LOAN MORTGAGE CRP30581 1,000,000.00 1,000,000.00 06/30/20250.65006/30/2020 997,830.00 Aaa3134GVT99 1,702
0.493FEDERAL HOME LOAN MORTGAGE CRP30583 1,000,000.00 1,000,000.00 03/28/20240.50006/29/2020 996,170.00 Aaa3134GV3T3 1,243
0.444FEDERAL HOME LOAN MORTGAGE CRP30584 1,000,000.00 1,000,000.00 07/22/20240.45007/22/2020 994,310.00 Aaa3134GWCB0 1,359
0.395FEDERAL HOME LOAN MORTGAGE CRP30586 1,000,000.00 1,000,000.00 10/23/20230.40007/23/2020 1,001,110.00 Aaa3134GV6D5 1,086
0.493FEDERAL HOME LOAN MORTGAGE CRP30587 1,000,000.00 1,000,000.00 10/30/20240.50007/30/2020 994,590.00 Aaa3134GWDX1 1,459
0.247FEDERAL HOME LOAN MORTGAGE CRP30590 1,000,000.00 1,000,000.00 11/03/20220.25008/03/2020 999,380.00 Aaa3134GWHD1 732
0.321FEDERAL HOME LOAN MORTGAGE CRP30591 1,000,000.00 1,000,000.00 02/03/20230.32508/03/2020 998,080.00 Aaa3134GWGL4 824
0.360FEDERAL HOME LOAN MORTGAGE CRP30592 1,000,000.00 1,000,286.12 07/28/20230.37507/30/2020 999,410.00 Aaa3134GWDL7 999
0.335FEDERAL HOME LOAN MORTGAGE CRP30593 1,000,000.00 1,000,000.00 04/21/20230.34007/30/2020 998,340.00 Aaa3134GV7M4 901
0.404FEDERAL HOME LOAN MORTGAGE CRP30594 1,000,000.00 1,000,000.00 05/13/20240.41008/13/2020 993,870.00 Aaa3134GWHR0 1,289
0.247FEDERAL HOME LOAN MORTGAGE CRP30599 1,000,000.00 1,000,000.00 07/07/20230.25010/26/2020 999,180.00 Aaa3134GWVF0 978
1.332FEDERAL NATIONAL MORTGAGE ASSO30512C 1,000,000.00 1,000,000.00 03/29/20211.35009/29/2016 1,004,880.00 Aaa3136G4BD4 148
1.411FEDERAL NATIONAL MORTGAGE ASSO30513 1,000,000.00 999,463.00 10/07/20211.37510/13/2016 1,011,470.00 Aaa3135GOQ89 340
1.401FEDERAL NATIONAL MORTGAGE ASSO30515 1,000,000.00 999,593.24 10/07/20211.37510/31/2016 1,011,470.00 Aaa3135G0Q89 340
1.341FEDERAL NATIONAL MORTGAGE ASSO30517 1,000,000.00 1,000,099.88 10/07/20211.37511/03/2016 1,011,470.00 Aaa3135GOQ89 340
1.716FEDERAL NATIONAL MORTGAGE ASSO30519 1,000,000.00 996,746.59 10/07/20211.37511/18/2016 1,011,470.00 Aaa3135G0Q89 340
1.946FEDERAL NATIONAL MORTGAGE ASSO30524 1,000,000.00 1,000,299.80 01/05/20222.00001/23/2017 1,022,120.00 Aaa3135G0S38 430
1.994FEDERAL NATIONAL MORTGAGE ASSO30526 1,000,000.00 999,760.86 01/05/20222.00002/02/2017 1,022,120.00 Aaa3135G0S38 430
2.014FEDERAL NATIONAL MORTGAGE ASSO30532 1,000,000.00 999,529.32 01/05/20222.00003/02/2017 1,022,120.00 Aaa3135G0S38 430
2.140FEDERAL NATIONAL MORTGAGE ASSO30533C 1,000,000.00 1,000,000.00 03/29/20222.17003/29/2017 1,028,290.00 Aaa3136G4MQ3 513
0.513FEDERAL NATIONAL MORTGAGE ASSO30580 1,000,000.00 1,000,000.00 12/22/20230.52006/22/2020 1,000,120.00 Aaa3136G4XE8 1,146
0.592FEDERAL NATIONAL MORTGAGE ASSO30585 1,000,000.00 1,000,000.00 07/22/20250.60007/22/2020 994,860.00 Aaa3136G4ZF3 1,724
0.641FEDERAL NATIONAL MORTGAGE ASSO30588 1,000,000.00 1,000,000.00 08/14/20250.65008/14/2020 993,150.00 Aaa3136G4C43 1,747
0.335FEDERAL NATIONAL MORTGAGE ASSO30589 1,000,000.00 1,000,000.00 08/18/20230.34008/18/2020 996,600.00 Aaa3136G4F99 1,020
0.533FEDERAL NATIONAL MORTGAGE ASSO30600 1,000,000.00 1,000,000.00 10/27/20250.54010/27/2020 999,100.00 Aaa3136G45C3 1,821
50,426,557.3050,735,732.7550,425,000.0048,845,938.00Subtotal and Average 1.135 833
Portfolio CITY
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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
October 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Supranationals
1.726INTL BK RECON & DEVELOPMENT30562 1,000,000.00 1,000,000.00 01/27/20231.75001/27/2020 1,002,990.00 Aaa45905U5U4 817
1.913INTL BK RECON & DEVELOPMENT30569 1,000,000.00 1,004,417.07 01/28/20252.05003/03/2020 1,003,110.00 Aaa459058HV8 1,549
2,004,417.072,006,100.002,000,000.002,004,459.84Subtotal and Average 1.820 1,184
Treasury Securities - Coupon
1.919U.S. TREASURY40001C 1,000,000.00 1,000,429.19 08/31/20212.00002/21/2017 1,015,390.00 Aaa912828D72 303
2.348U.S. TREASURY40002 1,000,000.00 999,073.26 07/31/20212.25002/12/2018 1,015,660.00 Aaa912828WY2 272
2.510U.S. TREASURY40003 1,000,000.00 997,898.07 07/31/20212.25006/04/2018 1,015,660.00 Aaa912828WY2 272
2.584U.S. TREASURY40004 1,000,000.00 999,134.53 03/15/20212.37506/25/2018 1,008,280.00 Aaa9128284B3 134
3,996,535.054,054,990.004,000,000.003,996,292.40Subtotal and Average 2.340 245
Certificates of Deposit
1.7261ST TECHNOLOGY FEDERAL CREDIT80034 248,000.00 248,000.00 06/30/20211.75006/30/2016 250,461.3833715LAD2 241
2.022AMERICAN EXPRESS CENTURION BK80038 247,000.00 247,000.00 12/01/20212.05012/01/2016 251,691.5402587DM70 395
2.170BMW BANK80041 247,000.00 247,000.00 02/24/20222.20002/24/2017 253,241.9905580AGK4 480
2.614CAPITAL ONE NATIONAL ASSOC80054 247,000.00 247,000.00 05/30/20242.65005/30/2019 267,743.9014042RLW9 1,306
2.860CITI BANK SALT LAKE CITY UTAH80043 246,000.00 246,000.00 05/24/20212.90005/23/2018 249,725.0117312QM22 204
2.712COMENITY CAPITAL BANK80052 249,000.00 249,000.00 04/15/20242.75004/29/2019 270,187.8820033AU61 1,261
2.416EAGLE BANK80053 249,000.00 249,000.00 05/24/20222.45005/24/2019 257,534.1827002YEP7 569
3.107GOLDMAN SACHS GROUP INC.80046 245,000.00 245,000.00 01/17/20233.15001/16/2019 260,933.8438148P4B0 807
2.910MEDALLION BANK80044 249,000.00 249,000.00 06/04/20212.95006/04/2018 253,029.3258404DCA7 215
2.860MORGAN STANLEY BANK80042 246,000.00 246,000.00 05/10/20212.90005/10/2018 249,472.1761747MX63 190
3.008MORGAN STANLEY PRIVATE BANK80048 246,000.00 246,000.00 01/31/20243.05001/31/2019 268,145.7861760AVF3 1,186
2.564MORGAN STANLEY PRIVATE BANK80055 247,000.00 247,000.00 06/13/20242.60006/13/2019 267,514.0261760AG52 1,320
2.712NORTHWESTERN BANK80049 245,000.00 245,000.00 02/13/20232.75002/13/2019 259,186.73668015AL4 834
2.712OXFORD BANK & TRUST80051 245,000.00 245,000.00 06/28/20222.75002/28/2019 255,174.1469140WAS4 604
2.022STEARNS BANK80039 249,000.00 249,000.00 01/13/20222.05001/13/2017 254,269.31857894SK6 438
1.677SYNCHRONY BANK80036 247,000.00 247,000.00 10/21/20211.70010/21/2016 250,369.9787165FNC4 354
2.959TIAA FSB80050 245,000.00 245,000.00 02/22/20243.00002/22/2019 267,104.5487270LBU6 1,208
2.959UBS FINANCE COMMERCIAL PAPER80045 249,000.00 249,000.00 06/14/20213.00006/13/2018 253,293.2690348JCU2 225
2.022WASHINGTON FIRST BK RESTON80040 247,000.00 247,000.00 02/23/20222.05002/23/2017 252,735.44940727AH3 479
3.156WELLS FARGO BK NA80047 500,000.00 500,000.00 01/18/20243.20001/18/2019 547,191.60949763WU6 1,173
1.726WELLS FARGO BANK80033 249,000.00 249,000.00 06/17/20211.75006/17/2016 251,363.319497485W3 228
5,442,000.005,690,369.315,442,000.005,442,000.00Subtotal and Average 2.548 677
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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
October 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Money Market Funds
0.010WELLS FARGO GOVT MONEY MARKET20002 1,990,164.90 1,990,164.90 0.0101,990,164.90SYS20002 1
1,990,164.901,990,164.901,990,164.902,331,152.47Subtotal and Average 0.010 1
103,367,059.68 105,984,785.58 1.162 587106,852,642.36 106,022,285.66Total and Average
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Par Value Book Value
Stated
RateMarket Value
October 31, 2020
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
0.00
103,367,059.68 105,984,785.58 1.162 587
0
3,466.94
3,466.94
3,466.94
3,466.94
Subtotal
Accrued Interest at PurchaseAverage Balance
106,856,109.30 106,025,752.60Total Cash and Investments
Portfolio CITY
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Stated
Rate
Transaction
Date
October 1, 2020 through October 31, 2020
Activity By Type
Balance
Portfolio Management
CITY OF SAN BERNARDINO
CUSIP Investment #Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
State Local Agency Investment Fund (Monthly Summary)
LOCAL AGENCY INVESTMENT FUND10001 3,832,090.280.620 4,250,000.00SYS
4,250,000.00 30,061,840.35Subtotal3,832,090.28
Managed Pool Accounts (Monthly Summary)
CALTRUST GOVT INVESTMENT FUND20008 1.040.570 0.0020008
0.00 1,780.33Subtotal1.04
Corporate Notes
12,098,990.66Subtotal
Federal Agency Issues - Coupon
FEDERAL FARM CREDIT BANK30536 0.001.750 10/26/2020 1,000,000.003133EHJ95
FEDERAL FARM CREDIT BANK30596 999,650.000.270 10/05/2020 0.003133EMBQ4
FEDERAL FARM CREDIT BANK30597 1,000,000.000.160 10/13/2020 0.003133EMCH3
FEDERAL FARM CREDIT BANK30598 1,000,000.000.140 10/08/2020 0.003133EMCJ9
FEDERAL HOME LOAN MORTGAGE CRP30599 1,000,000.000.250 10/26/2020 0.003134GWVF0
FEDERAL NATIONAL MORTGAGE ASSO30600 1,000,000.000.540 10/27/2020 0.003136G45C3
1,000,000.00 50,426,557.30Subtotal4,999,650.00
Supranationals
2,004,417.07Subtotal
Treasury Securities - Coupon
3,996,535.05Subtotal
Certificates of Deposit
5,442,000.00Subtotal
Money Market Funds (Monthly Summary)
WELLS FARGO GOVT MONEY MARKET20002 9,513,695.580.010 10,668,186.31SYS20002
10,668,186.31 1,990,164.90Subtotal9,513,695.58
106,022,285.66Total15,918,186.3118,345,436.90
Portfolio CITY
AP
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Report Ver. 7.3.3b
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Page 1
October 2019 through October 2020
Activity Summary
Month
Portfolio Management
End Year
Number of
Securities
Total
Invested
360
Equivalent
365
Equivalent
Managed
Pool
Rate
Average
Term
Average
Days to Maturity
CITY OF SAN BERNARDINO
Number
of Investments
Purchased
Number
of Investments
Redeemed
Yield to Maturity
91,198,209.04October201976 960 4741.957 1.985 2.190 7 0
96,737,190.19November201974 869 4301.945 1.972 2.103 0 2
104,414,539.79December201978 846 4521.942 1.969 2.043 6 2
116,512,135.33January202085 826 4561.903 1.929 1.967 7 0
123,735,583.62February202088 831 4671.870 1.896 1.912 3 0
117,383,961.74March202092 898 5271.760 1.784 1.730 6 2
116,849,030.14April202084 799 4311.720 1.744 1.648 0 8
138,861,091.34May202081 650 3401.523 1.544 1.363 0 3
136,635,240.56June202083 712 4051.432 1.452 1.217 11 9
114,967,808.06July202087 905 5251.310 1.328 0.920 6 2
109,430,118.52August202091 994 5871.247 1.265 0.860 6 2
103,596,103.88September202086 986 5731.214 1.231 0.685 0 5
106,022,285.66October202090 1,002 5871.162 1.178 0.620 5 1
Average 113,564,869.07 1.614%1.637%1.481 4 3 868 48184
Portfolio CITY
AP
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Report Ver. 7.3.3b
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Page 1
October 31, 2020
Interest Earnings Summary
Month EndingOctober 31 Fiscal Year To Date
Portfolio Management
CITY OF SAN BERNARDINO
CD/Coupon/Discount Investments:
73,087.49Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
243,339.59
( 225,997.68)
430,064.44
236,152.09
( 289,879.23)
Less Accrued Interest at Purchase During Period ( 0.00)( 0.00)
Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
90,429.40
-1,068.81
0.00
376,337.30
-5,187.64
0.00
89,360.59 371,149.66
Pass Through Securities:
0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
0.00
( 0.00)
0.00
0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00)( 0.00)
Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
Cash/Checking Accounts:
82,111.29Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
447,873.54
( 513,351.99)
281,172.08
447,873.54
( 630,233.71)
Interest Earned during Period 16,632.84 98,811.91
Total Interest Earned during Period
Total Adjustments from Premiums and Discounts
Total Capital Gains or Losses
Total Earnings during Period
107,062.24
-1,068.81
0.00
475,149.21
-5,187.64
0.00
105,993.43 469,961.57
Portfolio CITY
AP
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 18, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: Anne E. Shirrells Park and Community Center CIP (Ward 6)
Recommendation
Adopt Resolution No. 2020-278 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving a total project budget for Anne Shirrells Community Center
Improvements (“Project”) in the amount of $254,000, to include a construction
contract in the amount of $208,662, project contingencies in the amount of
$22,030, engineering and inspection budgets in the amount of $10,000, and a
mural installation in the amount of $13,308;
2. Authorizing the Director of Finance to amend the FY 2020/21 adopted budget to
reallocate $50,000 within Cultural Development Fund No. 247 from part -time
salary budgets to the Project for a total City contribution of $133,308;
3. Approving the award of a Construction Contract with Micon Construction, Inc. of
Placentia, California in the amount of $208,662; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the Project.
Background
The Anne Shirrells Community Center has been leased by the Akoma Unity Center
(AUC) since August 2018. AUC provides the community with services addressing
education, sports and recreation, and special interests at the facility. AUC previously
secured a More Attractive Community (MAC) Foundation Grant in the amount of
$135,000 to contribute to improvements at the community center. In January 2020, the
City partnered with AUC, committing $83,308 in match funding from the Cultural
Development Construction Fund to establish a total budget of $218,308 to support
improvements to the Anne Shirrells Community Center (“Project”).
Anticipated Project improvements include the renovation of the volleyball court, the
addition of a meditation garden and landscaping, development o f a community garden
area, and installation of a mural. Staff recently solicited construction bids for these items
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in addition to requesting pricing for alternate bid items that could be considered if
funding were available to support additional improvements.
Based on the construction bids received, project funding in the total amount of $254,000
will be required to complete the original improvements contemplated and support any
project contingencies. An additional $50,000 in contributions from the City w ill be
needed to complete these improvements.
Discussion
Project No 13380 to provide improvements to Anne E. Shirrells Park was advertised for
public bidding on October 5, 2020 and October 12, 2020, in the San Bernardino County
Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San
Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid
America Online, Construction Bid Source, Bid Ocean, the City’s websites, and the San
Bernardino Area Chamber of Commerce. The Project was advertised with the base bid
to refurbish volleyball court and provide ADA access to the court and an alternate bid to
refurbish basketball court and provide other park amenities.
Five sealed bids were received and opened on October 21, 2 020. The results are
shown in the table below:
BIDDER CITY BASE BID ALTERNATE BID TOTAL BID
Micon Construction,
Inc.
Placentia $208,662 $189,403 $398,065
California Landscape
& Design, Inc
Upland $217,220 $200,740 $417,960
Loghmani &
Associates Design
Group -WLA
Playa Del
Rey
$268,500 $ 97,400 $365,900
Roadway Engineering
& Contracting, Inc.
Fontana $304,820 $138,200 $443,020
Millsten Enterprises,
Inc.
Nuevo $328,990 $209,295 $538,285
Having reviewed the bid packages and evaluated the base bid proposals, staff has
determined Micon Construction, Inc. of Placentia, California, to be the lowest
responsible and responsive bidder, with a total base bid amount of $208,662. Due to
availability of funds, a construction contract will be awarded for the base bid items only.
In addition to construction costs, staff anticipates the need for a construction
contingency in the amount of $22,030 to provide for any unforeseen work that is related
to the project, estimated staff costs of $10,000 required to support engineering
inspections of the project, and $13,308 for installation of a mural at the facility. This
increases the full funding needs of the Project to $254,000.
If awarded by the Mayor and City Council, construction work on the Project is
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anticipated to begin in December 2020 and be completed by March 2021. The City will
contract separately with a local artist for installation of the mural.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1: Financial Stability by leveraging
existing resources to provide needed improvements at Anne Shirrells Community
Center and park and enhance services to the community.
Fiscal Impact
Total funding in the amount of $254,000 is needed to complete the Project. Funding the
amount of $218,308 was previously established for this Project as shown below:
Funding Source Expenditure Fund No. Amount
MAC Foundation Grant Funding 123-160-8750 $ 135,000
Cultural Development Construction 247-160-8750 $ 83,308
Previously Approved Budgets Total $ 218,308
The Project has incurred costs related to staff time dedicated to the development of
plans and specifications as well as cost for the advertisement of bids. Approximately
$204,000 of the previously approved budget remains available for Project work. Given
the total estimated project cost of $254,000, a shortfall of $50,000 must be addressed to
move the project forward.
Staff has identified $50,000 in part-time salary savings in the Cultural Development
Fund that were originally allocated for use by the Parks and Recreation Department to
support community programs. These program budgets were previously approved
through the FY 2020/21 Adopted Budget in the Cultural Development Fund. Due to the
COVID-19 pandemic gathering restrictions, many Parks and Recreation programs were
unable to be scheduled, and as such, a large portion of part -time staff budgets remain
unexpended.
Rather that appropriating additional funds from Cultural D evelopment fund balances,
staff is recommending that $50,000 in part-time salaries be reallocated to support the
additional funding needs of the Project. The table below identifies the Cultural
Development Fund account sources and amounts for reallocation.
From Account To Account Amount
247-380-0074*5014 247-160-8750*5011 $50,000
Conclusion
Adopt Resolution No. 2020-278 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving a total project budget for Anne Shirrel ls Community Center
Improvements (“Project”) in the amount of $254,000, to include a construction
contract in the amount of $208,662, project contingencies in the amount of
$22,030, engineering and inspection budgets in the amount of $10,000, and a
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mural installation in the amount of $13,308;
2. Authorizing the Director of Finance to amend the FY 2020/21 adopted budget to
reallocate $50,000 within Cultural Development Fund No. 247 from part -time
salary budgets to the Project for a total City contribution of $133,308;
3. Approving the award of a Construction Contract with Micon Construction, Inc. of
Placentia, California in the amount of $208,662; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the Project.
Attachments
Attachment 1 Resolution No. 2020-278; Exhibit “A” - Agreement with Micon
Construction, Inc.
Attachment 2 Bid Tabulation
Attachment 3 Micon Construction, Inc. Bid
Attachment 4 Location Map
Ward: 6
Synopsis of Previous Council Actions:
August 15, 2018 Mayor and City Council adopted Resolution No. 2018-208,
authorizing an agreement with the Akoma Unity Center (AUC) for
the use of Anne Shirrells Community Center through a three (3)
year lease with two (2) one-year extension options effective August
15, 2018, through June 30, 2021.
January 15, 2020 Mayor and City Council adopted Resolution No. 2020-14,
Authorizing the City Manager to amend the Lease between the City
of San Bernardino and Akoma Unity Center for use of Anne
Shirrells Community Center facility at 1367 North California Street,
San Bernardino, California from July 1, 2018 through June 30,
2026; and Amending the FY 2019/20 Adopted Budget to include
the Anne Shirrells Community Center Improvements Project;
authorizing the Director of Finance to accept the $135,000
contribution from the MAC Foundation; and appropriating $83,308
from the Cultural Development Fund Balance (Fund 247) to the
Capital Improvements Project to complete the project.
June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128
approving Capital Improvement Program FY 2020/2021.
7
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RESOLUTION NO. 2020-278
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING A TOTAL PROJECT BUDGET FOR ANNE
SHIRRELLS COMMUNITY CENTER IMPROVEMENTS
PROJECT (“PROJECT”) IN THE AMOUNT OF $254,000,
TO INCLUDE A CONSTRUCTION CONTRACT IN THE
AMOUNT OF $208,662, PROJECT CONTINGENCIES IN
THE AMOUNT OF $22,030, ENGINEERING AND
INSPECTION BUDGETS IN THE AMOUNT OF $10,000,
AND A MURAL INSTALLATION IN THE AMOUNT OF
$13,308; AUTHORIZING THE DIRECTOR OF FINANCE
TO AMEND THE FY 2020/21 ADOPTED BUDGET TO
REALLOCATE $50,000 WITHIN CULTURAL
DEVELOPMENT FUND NO. 247 FROM PART-TIME
SALARY BUDGETS TO THE PROJECT, FOR A TOTAL
CITY CONTRIBUTION OF $133,308; APPROVING THE
AWARD OF A CONSTRUCTION CONTRACT WITH
MICON CONSTRUCTION, INC. OF PLACENTIA,
CALIFORNIA IN THE AMOUNT OF $208,662; AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXPEND THE CONTINGENCY FUND, IF NECESSARY,
TO COMPLETE THE PROJECT
WHEREAS, the City of San Bernardino owns the Anne Shirrells Community Center and
Park (“Community Center”) located at 1367 N California Street, San Bernardino; and
WHEREAS, City entered into a lease agreement with Akoma Unity Center (AUC) to
allow AUC to provide community services related to education, sports and recreation, and
special interests; and
WHEREAS, the City and AUC have partnered to fund the Anne Shirrells Community
Center Improvement Project (“Project”) using More Attractive Communities (MAC) Foundation
grant secured by AUC, and Cultural Development Funds provided by the City; and
WHEREAS, Resolution No. 2020-129 was previously adopted, approving the City’s
Annual Operating Budget for Fiscal Year 2020/21, including Capital Improvement Plan (CIP)
PR20-002 – Anne Shirrells Community Center Improvements Project, and establishing initial
budgets Fund 123 (MAC Grant) and Fund 247 (Cultural Development Construction) in a total
Project amount of $218,308; and
WHEREAS, the City administered a competitive bid process for the Project and
received five bids on October 21, 2020; and
7.a
Packet Pg. 154 Attachment: Attachment 1 - Resolution No. 2020-278 [Revision 2] (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
Resolution No. 2020-278
WHEREAS, Micon Construction, Inc. of Placentia, California, has been determined to
be the lowest responsive, responsible bidder; and
WHEREAS, the City now wishes to enter into a Construction Agreement with Micon
Construction, Inc. to provide Anne Shirrells Community Center Improvements; and
WHEREAS, additional project funding in the amount of $50,000 is available in
approved FY2020/21 Cultural Development Fund budgets to support completion of Project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is authorized to execute a construction agreement
following the City’s standard terms approved by the City Attorney with Micon Construction, Inc.
in the amount of $208,662 with a contingency in the amount of $22,030 for Anne Shirrells Park
and Community Center Capital Improvement Project, attached hereto and incorporated herein as
Exhibit “A”.
SECTION 3. The City Manager is hereby authorized to execute all documents in support
of the necessary Anne Shirrell Park Improvements located at 1367 N California Street, San
Bernardino, California.
SECTION 4. The City Manager or designee is hereby authoriz ed to execute said
contingency not to exceed $22,030 on behalf of the City.
SECTION 5. The Director of Finance is hereby authorized to issue a Purchase Order in
the amount of $208,662 to Micon Construction, Inc. for Project work.
SECTION 6. The Director of Finance is hereby authorized to amend the FY2020/21
Adopted Budget, reallocate $50,000 within the Cultural Development Fund No. 247 from
approved part-time salary budgets to the Project, as necessary to support the full project costs of
$254,000.
SECTION 7. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 8. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
7.a
Packet Pg. 155 Attachment: Attachment 1 - Resolution No. 2020-278 [Revision 2] (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
Resolution No. 2020-278
SECTION 9. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
7.a
Packet Pg. 156 Attachment: Attachment 1 - Resolution No. 2020-278 [Revision 2] (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
Resolution No. 2020-278
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 157 Attachment: Attachment 1 - Resolution No. 2020-278 [Revision 2] (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
A G R E EM E N T
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this _____ day of _______________, 20___, between
the City of San Bernardino (owner and hereinafter "CITY"), and ____Micon Construction, Inc.___(herein
after "CONTRACTOR").
1. For and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the CITY, and under the conditions expressed in the bond as deposited with the
CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the
CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to
furnish all materials, tools and equipment and perform all the work necessary to complete in good
workmanlike and substantial manner the
AGREEMENT: ANNE E. SHIRRELL’S PARK AND COMMUNITY CENTER CAPITAL
IMPROVEMENT PROJECT
Project No. 13380
in strict conformity with Plans and Special Provisions No. 13380, and also in accordance with Standard
Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised
“Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works
Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications
are hereby especially referred to and by such reference made a part hereof.
1. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as
full compensation for furnishing all materials and doing all the work contemplated and embraced in this
agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen
difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all
risks of every description connected with the work; also for all expenses incurred by or in consequence of
the suspension or discontinuance of work, and for well and faithfully completing the work and the whole
thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer
under them.
2. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors,
administrators, and assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on the basis of race, color, national
origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the
CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or
employees in the performance of this contract. Failure by the CONTRACTOR to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or
such other remedy, as recipient deems appropriate.
A-1
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Packet Pg. 158 Attachment: Attachment 2 - Resolution No. 2020-278 Exhibit A- Agreement with Micon Construction, Inc. (6970 : Anne E. Shirrells Park and
AGREEMENT: ANNE E. SHIRRELL’S PARK AND COMMUNITY CENTER CAPITAL
IMPROVEMENT PROJECT
Project No. 13380
4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby
employ the said CONTRACTOR to provide the materials and to do the work according to the terms and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at
the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their
heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants
herein contained.
5. It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control
and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4)
counterparts, each of which shall be deemed an original in the year and day first above mentioned.
CONTRACTOR: CITY OF SAN BERNARDINO:
NAME OF FIRM:
Micon Construction, Inc. BY: ________________________________
ROBERT D. FIELD
City Manager
BY: ____Mitch Holle_____________
TITLE: President ATTEST:
MAILING ADDRESS:
1616 E. Sierra Madre Circle ______________________
Genoveva Rocha, CMC
___Placentia, CA 92870_____________ City Clerk
___________________________________
PHONE NO.: (800)_949-0203_____________ APPROVED AS TO FORM:
ATTEST: _______________________________
SONIA CARVALHO, City Attorney
____________________________________
Secretary
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
A-2
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Packet Pg. 159 Attachment: Attachment 2 - Resolution No. 2020-278 Exhibit A- Agreement with Micon Construction, Inc. (6970 : Anne E. Shirrells Park and
7.cPacket Pg. 160Attachment: Attachment 3 - Bid Tabulation (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.cPacket Pg. 161Attachment: Attachment 3 - Bid Tabulation (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 162 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 163 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 164 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 165 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 166 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 167 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 168 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 169 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 170 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 171 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 172 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
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7.d
Packet Pg. 174 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 175 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 176 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 177 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
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7.d
Packet Pg. 179 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
7.d
Packet Pg. 180 Attachment: Attachment 4 - Micon Construction, Inc. Bid (6970 : Anne E. Shirrells Park and Community Center CIP (Ward 6))
Anne E. Shirrell Park and Community Center Capital
Improvement Project- Ward 6
Project No. 13380
LOCATION MAP
1367 N California Street
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 18, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Michael Huntley, Director of Community & Economic
Development
Subject: Development Code Amendment 20-04 (Warmington Homes
Project) (Ward 3)
Recommendation
Adopt Ordinance No. MC-1549 of the Mayor and City Council of the City of San
Bernardino, California, approving Development Code Amendment (Zoning Map
Amendment) 20-04 changing the Zoning District Classification from Commercial
General (CG-1) to Residential Medium (RM) of one (1) parcel (APN: 0281-161-48)
containing approximately 9.60 acres, pursuant to a Mitigated Negative Declaration.
Background
On November 4, 2020, the Mayor and City Council conducted a public hearing and took
the following actions:
1) Adopted Resolution No. 2020-265 adopting the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, and approving General Plan
Amendment 20-03 changing the General Plan Land Use Designation from
Commercial to Multiple-Family Residential of one (1) parcel containing
approximately 9.60 acres;
2) Introduced for first reading Ordinance No. MC-1549 approving Development
Code Amendment (Zoning Map Amendment) 20-04 changing the Zoning District
Classification from Commercial General (CG-1) to Residential Medium (RM) of
one (1) parcel containing approximately 9.60 acres, pursuant to a Mitigated
Negative Declaration;
3) Adopted Resolution No. 2020-266 approving Development Permit Type-P 20-02
allowing the development and establishment of a Planned Residential
Development comprised of ninety-six (96) detached single-family residences and
Subdivision 20-03 approving corresponding Tentative Tract Map 20293 located
on the east side of S. Ferree Street, pursuant to a Mitigated Negative Declaration;
and
4) Scheduled the second reading of Ordinance No. MC -1549 at the next regular
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meeting of the Mayor and City Council on November 18, 2020.
Discussion
The proposal is a request to change the General Plan Land Use designation from
Commercial to Multiple-Family Residential and the Zoning District classification from
Commercial General (CG-1) to Residential Medium (RM) of one (1) parcel containing
approximately 9.60 acres. The proposal also included the establishment of a Planned
Residential Development comprised of ninety-six (96) detached single-family residential
units and a Tentative Tract Map to create individual parcels for each residential unit. On
September 22, 2020, the Planning Commission approved a resolution recommending
that the City Council approve the entitlements. Following its introduction at the
November 4, 2020 City Council meeting, the proposed ordinance may now be adopted.
2020-2025 Key Strategic Targets and Goals
Development Code Amendment (Zoning Map Amendment) 20 -04 aligns with Key
Target No. 3: Improve Quality of Life. The ninety-six (96) single-family residences will
help the City meet its State mandated housing requirements, will be consistent with the
surrounding single-family residential land uses, and provides for a market rate housing
stock.
Fiscal Impact
While there would be no direct fiscal impact from the proposed amendment, the
development impact fees associated with th e project will be approximately $1,260,000.
City services will be provided to this project similar to other single-family residential
neighborhoods within the City and surrounding area.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1549, approving Development Code Amendment
(Zoning Map Amendment) 20-04 changing the Zoning District Classification from
Commercial General (CG-1) to Residential Medium (RM) of one (1) parcel (APN: 0281-
161-48) containing approximately 9.60 acres, pursuant to a Mitigated Negative
Declaration.
Attachments
Attachment 1 Ordinance No. MC-1549; Exhibit A
Ward: 3
Synopsis of Previous Council Actions:
November 4, 2020 Mayor and the City Council introduced Ordinance No. MC-1549
approving Development Code Amendment (Zoning Map
Amendment) 20-04.
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ORDINANCE NO. MC-1549
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 20-04 CHANGING THE
ZONING DISTRICT CLASSIFICATION FROM
COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL
MEDIUM (RM) OF ONE (1) PARCEL (APN: 0281-161-48)
CONTAINING APPROXIMATELY 9.60 ACRES,
PURSUANT TO A MITIGATED NEGATIVE
DECLARATION
WHEREAS, together, General Plan Amendment 20-03, Development Code Amendment
(Zoning Map Amendment) 20-04, Development Permit Type-P 20-02 and Subdivision 20-03
(Tentative Tract Map 20293) constitute the Warmington Homes Project (“Project”); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 20-04 is a
request to allow the change of the Zoning District Classification from Commercial General (CG-
1) to Residential Medium (RM) of one (1) parcel containing approximately 9.60 acres; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public
Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code
of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency
for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section
15073, preparation of a Mitigated Negative Declaration was the appropriate environmental
review procedure under CEQA, because all potential significant impacts of the Project can be
mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and
Reporting Program (“MMRP”) were prepared for the Project; and
WHEREAS, on September 22, 2020, the Planning Commission of the City of San
Bernardino held a duly-noticed public hearing to consider public testimony and the staff report,
and adopted Resolution No. 2020-043 recommending the adoption of the Mitigated Negative
Declaration, and the approval of General Plan Amendment 20-03, Development Code
Amendment (Zoning Map Amendment) 20-04, Development Permit Type-P 20-02 and
Subdivision 20-03 (Tentative Tract Map 20293) to the Mayor and City Council; and
WHEREAS, notice of the November 4, 2020 public hearing for the Mayor and City
Council's consideration of this proposed Ordinance was published in The Sun newspaper on
October 24, 2020, and was mailed to property owners within a 500 foot radius of the project site
in accordance with Development Code Chapter 19.52 (Hearings and Appeals); and
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Ordinance No. MC-1549
2
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council, and no additional information submitted to the City Council, has produced substantial
new information requiring substantial revisions that would trigger recirculation of the MND or
additional environmental review under State CEQA Guidelines Section 15073.5; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the
Mayor and City Council have the authority to take action on Development Code Amendment
(Zoning Map Amendment) 20-04; and
WHEREAS, on November 4, 2020, during said public hearing the Mayor and City
Council introduced Ordinance No. MC-1549 approving Development Code Amendment (Zoning
Map Amendment) 20-04 changing the Zoning District Classification from Commercial General
(CG-1) to Residential Medium (RM) of one (1) parcel containing approximately 9.60 acres, and
scheduled the second reading on November 18, 2020.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Compliance with the California Environmental Quality Act. The City
Council having independently reviewed and analyzed the record before it, including the adopted
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written
and oral testimony, and having exercised their independent judgment, finds that there is no
substantial evidence supporting a fair argument that approval of the Project will result in a
significant effect on the environment.
SECTION 3. Finding of Facts – Development Code Amendment (Zoning Map
Amendment) 20-04
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: The proposed amendment will change the Zoning District Classification
from Commercial General (CG-1) to Residential Medium (RM) for the
entirety of the project site containing approximately 9.60 acres. The
Residential Medium (RM) Zoning District Classification is intended to
provide for residential development with a maximum of twelve (12)
residences per acre. The proposed amendment will allow for the
development and establishment of a Planned Residential Development
comprised of ninety-six (96) detached single-family residences which
provide a density of ten (10) residences per acre and is consistent with the
surrounding single-family residential developments within the project
area. Therefore, the proposed project is consistent with the following
General Plan goals and policies:
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Ordinance No. MC-1549
3
General Plan Land Use Element Policy 2.2.1: Ensure
compatibility between land uses and quality design through
adherence to standards and regulations in the Development
Code and policies and guidelines in the Community Design
Element.
General Plan Land Use Element Goal 2.4: Enhance the
quality of life and economic vitality in San Bernardino by
strategic in-fill of new development and revitalization of
existing development.
General Plan Community Design Element Goal 5.4:
Ensure individual projects are well designed and
maintained.
Finding No. 2: The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City in that the proposed
amendment to change the Zoning District Classification of the entirety of
the project site from Commercial General (CG-1) to Residential Medium
(RM) will facilitate the development and establishment of a Planned
Residential Development comprised of ninety-six (96) detached single-
family residences which is consistent with the surrounding single-family
residential developments. The project site is generally flat, with access
from S. Ferree Street, fully served by utility providers, and will not result
in the need for the excessive provision of services. Additionally, any
potential impacts created by the proposed amendment have been
addressed in the Draft Initial Study/Mitigated Negative Declaration and
appropriate mitigation measures have been included within the Mitigation
Monitoring and Reporting Program.
Finding No. 3: The proposed amendment would maintain the appropriate balance of land
uses within the City.
Finding of Fact: The proposed amendment would result in the entirety of the project site
having the Residential Medium (RM) Zoning District Classification to
allow for the development and establishment of a Planned Residential
Development comprised of ninety-six (96) detached single-family
residences. The subject property is located adjacent to an existing single-
family residential neighborhood. Therefore, the proposed change from
Commercial General (CG-1) to Residential Medium (RM) for the project
site would allow the proposed project nearby existing residential uses,
thereby providing for an appropriate balance of land uses within the City.
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Ordinance No. MC-1549
4
Finding No. 4: The subject parcels are physically suitable (including, but not limited to,
access, provision of utilities, compatibility with adjoining land uses, and
absence of physical constraints) for the requested land use designation and
the anticipated land use development.
Finding of Fact: The project site is currently comprised of one (1) parcel that is proposed to
be subdivided into ninety-six (96) single-family residential lots and
common open spaces to correspond to the proposed Planned Residential
Development. The project site is generally flat, with access from S. Ferree
Street. Utilities are available directly from S. Ferree Street. There are no
physical constraints on the site, such as steep slopes or watercourses.
SECTION 4. Development Code Amendment (Zoning Map Amendment) 20-04 to
change the Zoning District Classification from Commercial General (CG-1) to Residential
Medium (RM) of one (1) parcel (APN: 0281-161-48), attached hereto and incorporated herein by
reference as Exhibit A, is hereby approved.
SECTION 5. Notice of Determination: The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino within five (5) working days of final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days
after the date of its adoption.
SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under Section 36933
of the Government Code of the State of California.
SECTION 9. Custodian of Record. The documents and materials associated with this
Resolution and that constitute the record of proceedings on which these findings are based are
located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the
record of proceedings.
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Ordinance No. MC-1549
5
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of _________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Ordinance No. MC-1549
6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-____, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 4th day of November, 2020. Ordinance No. MC-____
was approved, passed and adopted at the regular meeting held the 18th day of November, 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
NICKEL
RICHARD
MULVIHILL
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________,
2020.
Genoveva Rocha, CMC, City Clerk
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1
EXHIBIT A
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 18, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Michael Huntley, Director of Community & Economic
Development
Subject: Professional Services Agreement with Ninyo & Moore (Ward 1)
Recommendation
Adopt Resolution No. 2020-260 of the Mayor and City Council of the City of San
Bernardino, California authorizing the City Manager to execute a Professional Services
Agreement with Ninyo & Moore to conduct a limited Phase II Environmental Site
Assessment for the 5th Street Gateway Project.
Background
On March 6, 2019, Ninyo & Moore entered into a Professional Services Agreement to
conduct a Phase I Environmental Site Assessment (“Phase I”) for the 5th Street
Gateway Project under the City’s policy for purchase orders. As a result of Phase I,
several recognized environmental concerns (“RECs”) within the 5 th Street Gateway
Project were identified for further environmental study.
To further study the RECs, a Request for Proposal was sent to three environmental
engineering firms: (i) Brown and Caldwell; (ii) Ninyo & Moore, and (iii) KCE Matrix, Inc.
After review of the proposals received, Ninyo & Moore ranked number one as their
proposal best met the needs of the City to prepare and conduct a limited Phase -II
Environmental Site Assessment (“Phase-II”).
On June 4, 2020, Ninyo and Moore was issued a Purchase Order to proceed with
Phase II. Since the contract amount was under the $50,000 threshold, it fell under the
City Manager’s prevue to execute. On August 26, 2020, Ninyo & Moore submitted its
Phase II Report. As a result of Phase II, several environmental contamination
anomalies were identified requiring addition al environmental study. In order for Ninyo
and Moore to further study the anomalies so as to complete the environmental analysis
of the properties, a Professional Services Agreement (“PSA”) is required. Since the
cost of the additional work would increase the contract amount above the $50,000
threshold, the PSA would require review and approval by the Mayor and City Council.
2020-2025 Key Strategic Targets and Goals
Approval of the Professional Service Agreement aligns with Key Target No. 4 Economic
Development and Growth. Specifically, the activity involves the identification of
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environmental issues impacting real property assets that are to be sold to a third party,
which will utilize these properties for the (i) highest and best economic uses; (ii)
consistency with the City’s General Plan and Zoning Ordinance; and (iii) creation of
economic activities, job opportunities, blight removal, neighborhood improvement, and
increased revenue to the city.
Fiscal Impact
The cost of the June 4, 2020 PO was $45,925. The financial impact to the City’s budget
was: (i) $20,033 from the Successor Agency’s 2010 -A Bonds Account # 710-180-
0148*5181; and (ii) $25,925 funded from the balance of the $50,000 deposit (Account #
772*2268) received from Jian Torkan pursuant to Section 3, of the Exclusive Right to
Negotiate, which the Mayor and City Council approved by Resolution 2018 -251, dated
September 19, 2018.
The cost of the Professional Services Agreement is $79,504.70. The Professional
Services Agreement will be funded from the Successor Agency’s 2010 -A Bonds
Account # 710-180-0148*5181.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-260 authorizing the City Manager to execute the
Professional Services Agreement with Ninyo & Moore to conduct a limited Phase II
Environmental Site Assessment for the 5th Street Gateway Project.
Attachments
Attachment 1 Resolution 2020-260; Exhibit A - Professional Service Agreement
between the City and Ninyo & Moore
Ward: 1
Synopsis of Previous Council Action:
The Successor Agency has approved a Purchase and Sales Agreement to sell the 5 th
Street Gateway properties to ICO Real Estate Group once the entitlements have been
approved and the environmental analysis of the properties is complete.
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RESOLUTION NO. 2020-260
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH NINYO
& MOORE TO CONDUCT A LIMITED PHASE II
ENVIRONMENTAL SITE ASSESSMENT FOR THE 5TH
STREET GATEWAY PROJECT
WHEREAS, on March 6, 2019, Ninyo & Moore entered into a Professional Services
Agreement to conduct a Phase I Environmental Site Assessment (“Phase I”) for the 5th Street
Gateway Project (“Property”); and
WHEREAS, as a result of Phase I, several recognized environmental concerns (“RECs”)
within the Property were identified for further environmental study; and
WHEREAS, to further study the RECs, a Request for Proposal was sent to three (3)
environmental engineering firms: (i) Brown and Caldwell; (ii) Ninyo & Moore, and (iii) KCE
Matrix, Inc.; and
WHEREAS, after review of the proposals received, Ninyo & Moore ranked number one
as its proposal best met the needs of the City to prepare and conduct a limited Phase II
Environmental Site Assessment (“Phase II); and
WHEREAS, on June 4, 2020, Ninyo and Moore was issued a Purchase Order to proceed
with Phase II; and
WHEREAS, on August 26, 2020, Ninyo & Moore submitted its Phase II Report and as a
result, several environmental contamination anomalies were identified for further environmental
study; and
WHEREAS, pursuant to the City’s purchase order policy, in order for Ninyo and Moore
to further study the anomalies, and to complete the environmental analysis of the Property, a
Professional Services Agreement is required; and
WHEREAS, adoption of this Resolution will authorize the City Manager, or designee, to
execute the Professional Services Agreement to complete Phase II on the Property.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager, or its designee, is hereby authorized to execute the
Professional Services Agreement, attached as Exhibit “A” with Ninyo & Moore.
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Resolution No. 2020-260
SECTION 4. The City Council Agency finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 18th day of November, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC
City Clerk
Approved as to form:
__________________________________
Sonia Carvalho
City Attorney
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Resolution No. 2020-260
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the 18th day of November, 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 18th day of November,
2020.
______________________________
Genoveva Rocha, CMC
City Clerk
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1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND NINYO & MOORE GEOTECHNICAL & SCIENCES CONSULTANTS
This Agreement is made and entered into as of November 18, 2020, by and between the
City of San Bernardino, a charter city and municipal corporation organized and operating under
the laws of the State of California with its principal place of business at Vanir Tower, 290 North
D Street, San Bernardino, CA 92401 (“City”), and Ninyo & Moore Geotechnical & Sciences
Consultants, a California Corporation with its principal place of business at 7888 Cherry
Avenue, Unit I, Fontana, CA 92336 (hereinafter referred to as “Consultant”). City and
Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the
“Parties.”
RECITALS
A.City is a public agency of the State of California and is in need of professional
services for the following project:
Phase-II Environmental Site Assessment Services for 5th Street Gateway (hereinafter referred to
as “the Project”).
B.Consultant is duly licensed and has the necessary qualifications to provide such
services.
C.The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1.Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2.Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3.Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a.Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A.”
b.In no event shall the total amount paid for services rendered by Consultant
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under this Agreement exceed the sum of $79,504.70. This amount is to cover all related costs,
and the City will not pay any additional fees for printing expenses. Consultant may submit
invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services
which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice
within forty-five (45) days from the date City receives said invoice. The invoice shall describe
in detail the services performed and the associated time for completion. Any additional services
approved and performed pursuant to this Agreement shall be designated as “Additional Services”
and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue
through the completion of services as set forth in Exhibit “A,” unless the Agreement is
previously terminated as provided for herein (“Term”).
7.Maintenance of Records; Audits.
a.Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b.Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8.Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9.Delays in Performance.
a.Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b.Should such circumstances occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Party
describing the circumstances preventing continued performance and the efforts being made to
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resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
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a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
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(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers’ compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the
Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to
its profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
duty to defend.
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
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Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s
equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
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(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of
insurance in the State of California, or otherwise allowed to place insurance through surplus line
brokers under applicable provisions of the California Insurance Code or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
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(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant’s services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
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insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain “public
works” and “maintenance” projects. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all subconsultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any subconsultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant’s sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
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other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in
enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Patrick Cullip as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof:
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CITY:
City of San Bernardino
Successor Agency
Vanir Tower, 290 North D Street – 3rd Floor
San Bernardino, CA 92401
Attn: Lisa Connor, Project Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street – 3rd Floor
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Ninyo & Moore Geotechnical & Sciences
Consultants
7888 Cherry Avenue, Unit I
Fontana, CA 92336
Attn: Patrick Cullip
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which are
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No waiver
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of any provision of this Agreement shall be effective unless in writing and signed by a duly
authorized representative of the Party against whom enforcement of a waiver is sought. The
waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND NINYO & MOORE GEOTECHNICAL & SCIENCES CONSULTANTS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Robert D. Field
City Manager
Approved as to Form:
****Approved Form****
Sonia Carvalho
City Attorney
Attested By:
Genoveva Rocha, CMC
City Clerk
CONSULTANT
Ninyo & Moore Geotechnical & Sciences
Consultants
Signature
Name
Title
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EXHIBIT A
See attached Proposal
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7888 Cherry Avenue, Unit I | Fontana, California 92336 | p. 909.758.5960 | www.ninyoandmoore.com
November 6, 2020
Project No. 211041002
Ms. Kathleen Robles
City of San Bernardino
209 North D Street, 3rd Floor
San Bernardino, California 92401
Subject: Revised Amendment for Limited Phase II Environmental Site Assessment
5th Street Gateway Project
West 5th Street and North G Street
San Bernardino, California
Reference: Ninyo & Moore, 2020, Limited Phase II Environmental Site Assessment, 5th Street
Gateway Project, West 5th Street and North G Street, San Bernardino, California,
dated August 26.
Dear Ms. Robles:
Ninyo & Moore is pleased to submit this revised Cost Amendment to our contract dated March 11,
2020, for the Limited Phase II Environmental Site Assessment (ESA) for the 5th Street Gateway
Project at West 5th Street and North G Street in San Bernardino, California (site). Based on the
results of the referenced Limited Phase II ESA, elevated concentrations of carbon tetrachloride were
detected in in soil vapor samples collected from boring B11, and elevated concentrations of gasoline
range organics (GRO) were detected in soil vapor samples collected from borings B14 and B17. The
Limited Phase II ESA recommended step-out and deeper sampling in the vicinity of these borings.
In addition, the potential buyer of the site has requested additional sampling to evaluate potential
environmental issues. The additional scope of services in this cost amendment is meant to address
out-of-scope services related to our proposal dated October 18, 2019, based the results of our
referenced Limited Phase II ESA and a request from the City of San Bernardino (the City).
SCOPE OF SERVICES
The scope of services described below is in addition to what was described in our original proposal.
Additional coordination with field staff, client, and subcontractor personnel
Attendance at two conference calls with the developer’s consultant to revise this additional
scope of work.
Obtain a permit for the proposed borings with the San Bernardino County, Department of Public
Health, Environmental Health Services.
Underground Service Alert will be contacted to mark the locations of underground utilities a
minimum of three working days prior to the start of subsurface activities.
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Ninyo & Moore | 5th Street Gateway Project, San Bernardino, California | 211041002 | November 6, 2020 2
Ninyo & Moore will advance up to 13 step-out and step-down soil borings to delineate previously
encountered soil vapor contamination and advance up to 14 borings at Sites B, D, and E for
additional evaluation of potential environmental issues (27 borings total). The borings will be
initially advanced to approximately 5 feet below ground surface (bgs) using hand auger methods
and then:
o Site B (five soil borings)
Potential Former Underground Storage Tanks (USTs) – Two soil borings (B-EB1 and
B-EB2) will be advanced in the east-central and south-central portions of the former
gasoline service station to approximately 25 feet bgs, with soil samples collected at
approximately 10, 15, 20, and 25 feet bgs. Temporary soil vapor probes will be installed
at approximately 5 and 15 feet bgs.
Former Gasoline Service Station Building – One soil boring (B-EB3) will be advanced
to approximately 10 feet bgs, with soil samples collected at approximately 5 and 10
feet bgs. A temporary soil vapor probe will be installed at approximately 5 feet bgs.
Former Auto Repair Shop Building – Tw o soil borings (B-EB4 and B-EB5) will be
advanced in the northeast corner of former gasoline service station to approximately
10 feet bgs, with soil samples collected at approximately 5 and 10 feet bgs. A temporary
soil vapor probe will be installed at approximately 5 feet bgs in one of the borings
(dependent on field photo-ionization detector [PID] readings).
o Site D (13 soil borings)
Potential Former USTs and Boring B14 – Five soil borings (D-EB1 to D-EB5) will be
advanced in the eastern portion of the former gasoline service station to approximately
25 feet bgs, with soil samples collected at approximately 10, 15, 20, and 25 feet bgs
for borings D-EB1 to D-EB4 and at approximately 20 and 25 feet bgs for boring D-EB5.
Temporary soil vapor probes will be installed at approximately 5 and 15 feet bgs in
borings D-EB1 to D-EB4.
Former Gasoline Service Station Building – One soil boring (D-EB6) will be advanced
to approximately 10 feet bgs, with soil samples collected at approximately 5 and 10
feet bgs. A temporary soil vapor probe will be installed at approximately 5 feet bgs.
Former Auto Repair Building and Boring B11 – Five soil borings (D-EB7 to D-EB11) will
be advanced in the vicinity of boring B11 to approximately 10 feet bgs, with soil samples
collected at approximately 5 and 10 feet bgs. Temporary soil vapor probes will be
installed at approximately 5 feet bgs.
Former Dry Cleaners Building – Two soil borings (D-EB12 and D-EB13) will be
advanced to approximately 5 feet bgs, with soil samples collected at approximately 2
and 5 feet bgs. A temporary soil vapor probe will be installed at approximately 5 feet
bgs in one of the borings (dependent on field PID readings).
o Site E (nine soil borings)
Potential Former USTs – Five soil borings (E-EB1 to E-EB5) will be advanced in the
western and northern portions of the former gasoline service station to approximately
25 feet bgs, with soil samples collected at approximately 10, 15, 20, and 25 feet bgs.
Temporary soil vapor probes will be installed at approximately 5 and 15 feet bgs.
9.b
Packet Pg. 211 Attachment: Attachment No 2 - Resolution 2020-260 - Exhibit A - Professional Service Agreement between the City and Ninyo & Moore (6942 :
Ninyo & Moore | 5th Street Gateway Project, San Bernardino, California | 211041002 | November 6, 2020 3
Former Dispenser Islands – Two borings (E-EB6 and E-EB7) will be advanced in the
north-central and west-central portions of the former gasoline service station to
approximately 5 feet bgs, with soil samples collected at approximately 2 and 5 feet bgs.
Former Gasoline Service Station Building – Two borings (E-EB8 and E-EB9) will be
advanced to approximately 10 feet bgs, with soil samples collected at approximately 5
and 10 feet bgs. A temporary soil vapor probe will be installed at approximately 5 feet
bgs in one of the borings (dependent on field PID readings).
Soil samples will be logged and field screened for indications of contamination. Field screening
will be conducted with a calibrated PID, by visual observation, and by evidence of odors.
For the 25-foot soil borings, three soil samples from each boring with the highest PID readings
will be submitted for laboratory analysis for total petroleum hydrocarbons (TPH) and volatile
organic compounds (VOCs) in accordance with United States Environmental Protection Agency
(EPA) Methods 8015B/5035 and 8260B/5035, respectively. If elevated PID reading are not
encountered in the 25-foot borings, then the 10, 15, and 20-foot soil samples will be analyzed.
The soil samples collected from the 5 and 10-foot soil borings will also be analyzed for TPH and
VOC in accordance with EPA Methods 8015B/5035 and 8260B/5035, respectively. The
remaining soil samples from each boring will be placed on hold at the analytical laboratory.
At least 48 hours following the installation of the probes, soil vapor sampling will be conducted
in general accordance with California Department of Toxic Substances Control protocol. Soil
vapor samples will be analyzed by a mobile environmental analytical laboratory for the full suite
(halogenated and non-halogenated) of VOCs including fuel oxygenates and GRO using EPA
Method 8260B.
Following the soil vapor sampling, the soil vapor probes will be abandoned and covered with
soil, attempting to match existing surface conditions.
Ninyo & Moore estimates that two drums of soil cuttings will be generated during the proposed
field activities. For waste characterization purposes, analytical data from the previous sampling
will be used to characterize the waste.
Ninyo & Moore will prepare a summary report following receipt of laboratory analytical data. The
report will include a discussion of the site background, site characteristics, results of additional
Limited Phase II ESA field activities and sampling, limitations, references, tables, figures,
conclusions and recommendations, soil boring logs, and analytical results. The re port will
present a comparison of the analytical results to the appropriate regulatory screening levels and
will include recommendations for further evaluation or an estimate of the impacted soil quantity
and potential remedial measures.
The table below provides a summary of the proposed soil and soil vapor sampling activities.
Soil and Soil Vapor Sampling Rationale
Soil Boring
Locations Boring ID Soil Sample Depth
(feet bgs) Soil Sample Analysis
Soil Vapor Sample
Depths
(feet bgs)
Soil Vapor Sample Analyses
Site B
B-EB1 & EB2 10, 15, 20, 25a TPHs
VOCs
5, 15 VOCs
GRO B-EB3 5, 10 5
B-EB4 & EB5 5, 10 5b
Total Soil Samples for Site B: 12 Total soil vapor samples
for Site B 7 (6 + 1 replicate)
Site D
D-EB1 to EB4 10, 15, 20, 25a
TPHs
VOCs
5, 15
VOCs
GRO
D-EB5 20, 25 N/A
D-EB6 to EB11 5, 10 5
D-EB12 & EB13 5 5b
9.b
Packet Pg. 212 Attachment: Attachment No 2 - Resolution 2020-260 - Exhibit A - Professional Service Agreement between the City and Ninyo & Moore (6942 :
Ninyo & Moore | 5th Street Gateway Project, San Bernardino, California | 211041002 | November 6, 2020 4
Soil and Soil Vapor Sampling Rationale
Total Soil Samples for Site D: 28 Total soil vapor samples
for Site D 17 (15 + 2 replicates)
Site E
E-EB1 to 5 10, 15, 20, 25a TPHs
VOCs
5, 15 VOCs
GRO E-EB6 & EB7 5 N/A
E-EB8 & EB9 5, 10 5b
Total soil samples for Site E: 21 Total soil vapor samples
for Site E 12 (11 + 1 replicates)
Total Samples: 61 Total soil vapor samples
for analysis 36 (32 + 4 replicates)
Notes:
a three soil samples with highest PID readings will be selected for laboratory analysis
b one soil vapor probe will be installed in boring with highest PID reading
bgs – below ground surface
GRO – gasoline range organics
N/A – not applicable
TPHs – total petroleum hydrocarbons
VOCs – volatile organic compounds
ASSUMPTIONS
Assumptions provided in our proposal dated October 18, 2019 apply to this amendment.
ESTIMATED FEE
Work will be conducted on a time-and-materials basis in accordance with our contract rates. A
detailed breakdown of the additional fee is presented in the attached Table 1.
Sincerely,
NINYO & MOORE
Patrick Cullip, EIT, ENV SP
Project Engineer
Prasad Thimmappa, PE, QSD
Principal Engineer
PJC/PT/sc
Attachment: Table 1 – Breakdown of Estimated Fee
Distribution: (1) Addressee (via e-mail)
9.b
Packet Pg. 213 Attachment: Attachment No 2 - Resolution 2020-260 - Exhibit A - Professional Service Agreement between the City and Ninyo & Moore (6942 :
Principal Engineer/Geologist/Environmental Scientist 10 hours @ 188.00$ /hour 1,880.00$
Project Engineer/Geologist/Environmental Scientist 21 hours @ 165.00$ /hour 3,465.00$
Senior Staff Engineer/Geologist/Environmental Scientist 8 hours @ 150.00$ /hour 1,200.00$
Subtotal 6,545.00$
Principal Engineer/Geologist/Environmental Scientist 4 hours @ 188.00$ /hour 752.00$
Project Engineer/Geologist/Environmental Scientist 4 hours @ 165.00$ /hour 660.00$
Subtotal 1,412.00$
Project Engineer/Geologist/Environmental Scientist 1 hour @ 165.00$ /hour 165.00$
Senior Staff Engineer/Geologist/Environmental Scientist 5 hours @ 150.00$ /hour 750.00$
Technical Illustrator/CAD Operator 1 hour @ 98.00$ /hour 98.00$
Permit Fees Lump Sum 8,600.00$
Subtotal 9,613.00$
Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 150.00$ /hour 600.00$
Field Vehicle and Equipment Usage 4 hours @ 15.00$ /hour 60.00$
Subtotal 660.00$
Field Work
Senior Staff Engineer/Geologist/Environmental Scientist 60 hours @ 150.00$ /hour 9,000.00$
Staff Engineer/Geologist/Environmental Scientist 30 hours @ 134.00$ /hour 4,020.00$
Field Vehicle and Equipment Usage 60 hours @ 15.00$ /hour 900.00$
Drilling Subcontractor 1 unit @ 12,000.00$ /unit 12,000.00$
PID/FID Usage 40 hours @ 25.00$ /hour 1,000.00$
Supplies Lump Sum 350.00$
Task Subtotal 27,270.00$
Laboratory Analyses
Soil Matrix (normal turn-around time)
TPHg by EPA Method 8015B/5035 61 tests @ 35.00$ /test 2,135.00$
TPHd/o by EPA Method 8015B 61 tests @ 41.00$ /test 2,501.00$
VOCs by EPA Method 8260B/5035 61 tests @ 87.00$ /test 5,307.00$
5035 kits 72 kits @ 21.00$ /kit 1,512.00$
Soil Vapor Matrix - Mobile Laboratory
VOCs by EPA Method 8260B 1 unit @ 5,450.00$ /unit 5,450.00$
Task Subtotal 16,905.00$
Subtotal 44,175.00$
Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 150.00$ /hour 600.00$
Field Vehicle and Equipment Usage 4 hours @ 15.00$ /hour 60.00$
Waste Transport & Disposal Subcontractor (two drums) 1 unit @ 600.00$ /unit 600.00$
Subtotal 1,260.00$
Table 1 - Breakdown of Estimated Fee
Project Coordination
Subsurface Evaluation
Investigation-Derived Waste
Permit Acquisition
Boring Markout and USA Notification
Meetings with Developer's Consultant
Ninyo & Moore | 5th Street Gateway Project, San Bernardino, California | 211041002 | CA12 | November 6, 2020 1
9.b
Packet Pg. 214 Attachment: Attachment No 2 - Resolution 2020-260 - Exhibit A - Professional Service Agreement between the City and Ninyo & Moore (6942 :
Table 1 - Breakdown of Estimated Fee
Principal Engineer/Geologist/Environmental Scientist 2 hours @ 188.00$ /hour 376.00$
Project Engineer/Geologist/Environmental Scientist 4 hours @ 165.00$ /hour 660.00$
Senior Staff Engineer/Geologist/Environmental Scientist 46 hours @ 150.00$ /hour 6,900.00$
Technical Illustrator/CAD Operator 4 hours @ 98.00$ /hour 392.00$
Data Processor 4 hours @ 71.00$ /hour 284.00$
Subtotal 8,612.00$
TOTAL ESTIMATED FEE $ 72,277.00
Contingency (10%) $ 7,227.70
TOTAL ESTIMATED FEE + CONTINGENCY $ 79,504.70
Report Preparation
Ninyo & Moore | 5th Street Gateway Project, San Bernardino, California | 211041002 | CA12 | November 6, 2020 2
9.b
Packet Pg. 215 Attachment: Attachment No 2 - Resolution 2020-260 - Exhibit A - Professional Service Agreement between the City and Ninyo & Moore (6942 :
WEST 5TH STREET NORTH G STREET WEST SPRUCE STREET
770 746
B
B1
B3
B2
B5B4
743
SITE PLAN - SITE B
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: GOOGLE EARTH, 2020.0
FEET
211041002_SP2.dwg 09/10/2020 GK60 1200
Geotechnical & Environmental Sciences Consultants
5TH STREET GATEWAY PROJECT
SAN BERNARDINO, CALIFORNIA
211041002 I 8/20
N
LEGEND
770 ADDRESS
E SITE IDENTIFICATION
SITE BOUNDARY
SOIL VAPOR PROBE AT 5' BGS & 15' BGS
BGSFORMER GASOLINE SERVICE STATION BELOW GROUND SURFACE HAND AUGER TO 5' BGS, NO
SOIL VAPOR PROBES
SOIL VAPOR PROBE AT
5' BGS & 15' BGS
FIGURE 3
SOIL DISTURBANCE PER
GEOPHISICAL SURVEY, ANOMALY
Proposed soil boring to 25 feet bgs
(SV probes at 5 and 15 feet bgs)
Proposed soil boring to 10 feet bgs
(SV probe at 5 feet bgs)
Proposed soil boring to 10 feet bgs
(no SV probe)
B-EB3
B-EB2
B-EB1
B-EB4
B-EB5
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Packet Pg. 216 Attachment: Attachment No 2 - Resolution 2020-260 - Exhibit A - Professional Service Agreement between
D
WEST 5TH STREET
B12
B13
B10
B11
B19
745 723-739 701-705
490NORTH G STREETB14
Geotechnical & Environmental Sciences Consultants211041002_SP4.dwg 09/10/2020 GKSITE PLAN - SITE D
FIGURE 5
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: GOOGLE EARTH, 2019.
0
FEET
60 120
LEGEND
745
5TH STREET GATEWAY PROJECT
SAN BERNARDINO, CALIFORNIA
211041002 I 8/20
N
ADDRESS
E SITE IDENTIFICATION
SITE BOUNDARY
BGS
FORMER GASOLINE SERVICE
STATION
BELOW GROUND SURFACE
HAND AUGER TO 5' BGS, NO
SOIL VAPOR PROBES
SOIL VAPOR PROBE
AT 5' BGS & 15' BGS
SOIL VAPOR PROBE AT 5'
SOIL DISTURBANCE PER
GEOPHISICAL SURVEY, ANOMALY
CESS PIT
Proposed soil boring to 5 feet bgs
(no SV probe)
Proposed soil boring to 5 feet bgs
(SV probe at 5 feet bgs)
Proposed soil boring to 10 feet bgs
(SV probe at 5 feet bgs)
Proposed soil boring to 25 feet bgs
(SV probes at 5 and 15 feet bgs)
Proposed soil boring to 25 feet bgs
(no SV probe)
D-EB13
D-EB12
D-EB11
D-EB10
D-EB9 D-EB7
D-EB8
D-EB1
D-EB4
D-EB2
D-EB5 D-EB3
D-EB6
9.b
Packet Pg. 217 Attachment: Attachment No 2 - Resolution 2020-260 - Exhibit A - Professional Service Agreement between the City and Ninyo & Moore (6942 :
WEST SPRUCE STREET
E
H STREET495495 673 601-607
B16
B15
B18B17
60 1200
Geotechnical & Environmental Sciences Consultants
5TH STREET GATEWAY PROJECT
SAN BERNARDINO, CALIFORNIA
211041002 I 8/20
N
LEGEND
770 ADDRESS
E SITE IDENTIFICATION
SITE BOUNDARY
FORMER GASOLINE SERVICE
STATION
HAND AUGER TO 5' BGS, NO
SOIL VAPOR PROBES
SOIL VAPOR PROBE
AT 5' BGS & 15' BGS
FIGURE 6
SITE PLAN - SITE E
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: GOOGLE EARTH, 2020.0
FEET
211041002_SP5.dwg 09/10/2020 GKBGS BELOW GROUND SURFACE
SOIL DISTURBANCE PER
GEOPHISICAL SURVEY, ANOMALY
Proposed soil boring to 5 feet bgs (no
SV probe)
Proposed soil boring to 10 feet bgs (no
SV probe)
Proposed soil boring to 10 feet bgs (SV
probe at 5 feet bgs)
Proposed soil boring to 25 feet bgs (SV
probes at 5 and 15 feet bgs)
E-EB1
E-EB7E-EB2
E-EB3
E-EB4
E-EB6
E-EB5
E-EB8
E-EB9
9.b
Packet Pg. 218 Attachment: Attachment No 2 - Resolution 2020-260 - Exhibit A - Professional Service Agreement between
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 18, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: Public Works Equipment Purchase - Caterpillar Wheel Loader
(All Wards)
Recommendation
Adopt Resolution 2020-279 of the Mayor and City Council of the City of San Bernardino,
California, to:
1. Approve the purchase of a 2020 Caterpillar Model 926M Wheel Loader from
Quinn Caterpillar in the amount of $197,743; and
2. Authorize the Director of Finance to amend the FY 2020/21 Adopted Budget for
the Wheel Loader purchase from AB2766 Fund No. 111 in the amount of
$197,743.
Background
The Public Works Department is responsible for operating and maintaining City streets,
sidewalks, City properties, storm water drainage systems, traffic signals, streetlights,
urban forestry, landscape maintenance districts (LMDs), parks, medians and parkways.
An essential duty of the Department in carrying out maintenance functions is to load and
transport items including heavy pipes, rubble, earth, and other construction materials. In
addition, the Department must frequently respond to remove extremely large illegal
dumps and clear roadways of debris from high wind and storm events. A dependable
wheel loader is a critical tool for staff to perform these efforts properly and safely.
The Department’s existing wheel loader, a 2002 Caterpillar IT38G, is nearly two
decades old and has provided almost 10,000 service hours to the City. After undergoing
numerous repairs from heavy use, and normal wear and tear, this specific heavy
equipment is near the end of its useful life and is no longer dependable as a front line
vehicle. As the Department continues to move forward with major capital improvement
and daily maintenance projects, replacement of the aging wheel loader is the Operation
and Maintenance Division’s most urgent need.
An opportunity exists to replace the current wheel loader with a new 2020 Caterpillar
Model 926M Wheel Loader with a clean diesel engine utilizing the City’s Air Quality
Funds (AB2766 Funds). The AB2766 funding is intended to assist cities and counties in
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6974
Page 2
meeting the requirements of federal and state Clean Air Act and for i mplementation of
measures to reduce motor vehicle emissions. The Caterpillar Wheel Loader Model
926M meets the Tier IV final emissions standards and has been verified with South
Coast Air Quality Management district as an eligible expenditure of AB2766 funds.
Discussion
Replacement of the current Wheel Loader is an operational priority for the Department.
Staff researched equipment options and determined the Caterpillar Wheel Loader
Model 926M to be the best option operationally based on the extensive need s of the
City. Staff obtained Source-well (formally National Joint Powers Alliance) pricing from
Quinn Caterpillar, the exclusive dealer for all Caterpillar equipment in San Bernardino
County. Source-well is authorized to establish competitively awarded cooperative
purchasing contracts and follows the competitive contracting law process to solicit,
evaluate, and award, cooperative purchasing contracts
The total cost of wheel loader purchase is $197,743. Upon receiving initial pricing, staff
negotiated to obtain a one-time $10,552.27 dealer government discount in addition to
the 24% Source-well government discount (Attachment No. 2). The purchase includes a
three year/3,000 hour premier warranty covering all engine, transmission, and electronic
components during the stated period. Staff was also able to secure a commitment for a
Caterpillar field technician to perform onsite warranty repairs for six months. This
equates to approximately $2,500 in potential savings.
Prior to recommending this purchase, staff evaluated the potential for renting the
equipment. Based on the current rental rates, renting one Caterpillar Wheel Loader
Model 926M could cost up to $5,500 per month or $66,000 a year. Due to the high cost
of renting this heavy equipment, the recommended purchase will result in long-term
savings for the City. The table below shows the estimated savings realized over a five -
year period when considering purchasing versus renting a wheel loader.
As shown above, purchasing the recommended Caterpillar Wheel Loader would provide
an estimated savings of $166,949 over five years as compared to renting the same unit.
If approved, staff will remove the existing wheel loader from front line use and retain it in
the fleet for emergencies and use on a limited basis, as allowable, pending future state
emissions regulations.
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2020-2025 Key Strategic Targets and Goals
Purchase of a Caterpillar Wheel Loader Model 926M aligns with Key Target No. 1:
Financial Stability as it eliminates the need to consider expensive rental costs and
supports a positive framework for spending decisions. This purchase also supports the
objective of minimizing risk and litigation exposure by providing the latest safety
features for City staff (internal risk) and maximizing work efficiencies in field.
Fiscal Impact
Funding for this purchase in a total amount of $197,743 is available in AB2766 Fund
Balance (Fund No. 111). No General Fund appropriation is required for this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution 2020-279:
1. Approving the purchase of a 2020 Caterpillar Model 926M Wheel Loader from
Quinn Caterpillar in the amount of $197,743; and
2. Authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget for
the Wheel Loader purchase from AB2766 Fund No. 111 in the amount of
$197,743.
Attachments
Attachment 1 Resolution 2020-279
Attachment 2 Equipment Quote
Ward: All
Synopsis of Previous Council Actions: None
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RESOLUTION NO. 2020-279
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE PURCHASE OF A 2020 CATERPILLAR
MODEL 926M WHEEL LOADER FROM QUINN
CATERPILLAR IN THE AMOUNT OF $197,743; AND
AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FY 2020/21 ADOPTED BUDGET FOR THE
WHEEL LOADER PURCHASE FROM AB2766 FUND NO.
111 IN THE AMOUNT OF $197,743
WHEREAS, The Public Works Department is responsible for operating and maintaining
City streets, sidewalks, City properties, storm water drainage systems, traffic signals, street
lights, urban forestry, landscape maintenance districts (LMDs), parks, medians and parkways;
and
WHEREAS, access to heavy equipment is critical for staff to perform these efforts
properly and safely; and
WHEREAS, the Department’s existing frontline wheel loader is nearly two decades old,
has provided almost 10,000 service hours to the City, is near the end of its useful life, and is no
longer dependable as a frontline vehicle; and
WHEREAS, the City is required to meet the standards of federal and state Clean Air
requirements when replacing heavy duty equipment; and
WHEREAS, the City has determined Caterpillar Front Loader Model 926M to be a
highly effective product based on the extensive needs of the City to support high service levels,
comply with clean emissions, and improve operator safety; and
WHEREAS, the City has obtained Source-well (formally National Joint Powers
Alliance) pricing from Quinn Caterpillar for the purchase of a 2020 Caterpillar Model 926M
Wheel Loader for a total cost, including sales tax, of $197,743; and
WHEREAS, the Caterpillar Wheel Loader Model 926M meets the Tier IV final
emissions standards and has been verified with South Coast Air Quality Management District
(SCAQMD) as an eligible expenditure of AB2766 funds.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to execute the documents necessary
to purchase one Caterpillar Front Loader Model 926M from Quinn Caterpillar as per Quote No.
142778-02 in the amount of $197,743.
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Packet Pg. 222 Attachment: Attachment 1 - Resolution No. 2020-279 [Revision 2] (6974 : Public Works Equipment Purchase - Caterpillar Wheel Loader (All
Resolution No. 2020-279
2 of 4
SECTION 3. The Director of Finance is authorized to transfer funds from the AB2766
Fund No. 111 to Capital Purchases Fund (5701) in the amount of $197,743, and issue a purchase
order to Quinn Company in support of the purchase.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 223 Attachment: Attachment 1 - Resolution No. 2020-279 [Revision 2] (6974 : Public Works Equipment Purchase - Caterpillar Wheel Loader (All
Resolution No. 2020-279
3 of 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 224 Attachment: Attachment 1 - Resolution No. 2020-279 [Revision 2] (6974 : Public Works Equipment Purchase - Caterpillar Wheel Loader (All
Quote 142778-02
Page 1 of 5
142778-02
Sourcewell member number: 33000
October 30, 2020
CITY OF SAN BERNARDINO FLEET DIVISION
Attention: Account Payable
182 S SIERRA WAY
SAN BERNARDINO, California 92408-1454
Attention: Andy Ramirez
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your
consideration.
One (1) New Caterpillar Inc. Model: 926M Wheel Loader including standard and optional equipment as listed below.
STOCK NUMBER: NS0014505 SERIAL NUMBER: YEAR: 2020 SMU:
We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time
we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Jose Farias
Machine Sales Representative
Phone 760.399.6404
Email jose.farias@quinncompany.com
10.b
Packet Pg. 225 Attachment: Attachment 2 - Equipment Quote (6974 : Public Works Equipment Purchase - Caterpillar Wheel Loader (All Wards))
Quote 142778-02
Page 2 of 5
One (1) New Caterpillar Inc. Model: 926M Wheel Loader including standard and optional equipment as listed below.
Standard Equipment
POWERTRAIN
Axle seal guards Hydraulically driven demand cooling fan
Auto Idle shut down feature Hydrostatic transmission with electronic
Cat C7.1ACERT engine control
-Power Modes (Standard and Performance) -Operator Modes (Default, TC, Hystat and
-Power by Range (High Power in Range 4) Ice)
-Tier 4 Final/Stage IV compliant -Directional Shift Agressiveness (Fast,
-Turbocharged and aftercooled Medium, Slow)
-Filtered crankcase breather -Rimpull control, adjust wheel torque
-Diesel particulate filter -Creeper control, adjust ground speed
-Selective Catalyst Reduction Lubed for life driveshafts
Coolant protection to -34C (-29F) Parking brake, electric
Differential lock in front axle Single plane cooling package wide 6 fins
Dry type air cleaner per inch density
Enclosed wet disc full hydraulic brakes S-O-S port,engine,coolant,transmission
Fuel priming pump, automatic oil
Fuel water separator
HYDRAULICS
Automatic lift and bucket kickouts, Hydraulic Response setting (Fast,
adjustable in-cab Medium, Slow)
Bucket and Fork Modes, adjustable in-cab Hydraulic diagnostic connectors and
Cylinder damping at kickout and S-O-S ports
mechanical end stops Hydraulic sight gauge, visible
Fine Mode control (Fast, Medium, Slow) Load sensing hydraulics and steering
in Fork Mode Seat mounted hydraulic joystick controls
ELECTRICAL
Alternator, 115-amp, heavy duty rear stop and turn lights
12V power supply in cab (2) Heavy duty gear reduction starter
Batteries, 1,000 CCA (2) 24 volt system, Product Link PRO w/3 year subscription
disconnect switch Remote jump start post
Back up alarm Resettable main and critical function
Emergency shutdown switch breakers
Halogen work lights front and rear, LED Roading lights front and rear
OPERATOR ENVIRONMENT
75 mm (3 in) retractable seatbelt Interior cab lighting, door and dome
Automatic temperature control Interior rearview mirrors (2)
Cab, enclosed ROPS/FOPS pressurized Lunch box storage
and sound suppressed Operator warning system indicators
Cup holders Radio ready speakers
External heated mirrors with lower Rear window defrost, electric
10.b
Packet Pg. 226 Attachment: Attachment 2 - Equipment Quote (6974 : Public Works Equipment Purchase - Caterpillar Wheel Loader (All Wards))
Quote 142778-02
Page 3 of 5
parabolic Seat mounted electronic implement
Ground level cab door release controls, adjustable
Gauges Sliding glass on the side windows
-Digital hour meter, odometer and Column mounted multi function control
tachometer -lights, wipers, turn signal
-Digital ground speedometer and Suspension seat, fabric
direction indicator Tilt and telescope steering wheel
-Engine coolant temperature gauge Tinted front glass
-Fuel and Diesel Exhaust Fluid level Wet arm wiper/washer, 2-speed and
indicator intermittent, front
-Hydraulic oil temperature gauge Wet arm wiper washer, rear
Hydraulic control lockout
OTHER STANDARD EQUIPMENT
Large-access enclosure doors with Remote mounted lubrication points
adjustable close/open force Vandalism protection-
Parallel lift loader linkage lockable compartments
Recovery hitch with pin
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Packet Pg. 227 Attachment: Attachment 2 - Equipment Quote (6974 : Public Works Equipment Purchase - Caterpillar Wheel Loader (All Wards))
Quote 142778-02
Page 4 of 5
MACHINE SPECIFICATIONS
926M WHEEL LOADER 541-2670
LANE 3 ORDER 0P-9003
PREP PACK, UNITED STATES 430-2943
HYDRAULICS, 3V, CPLR READY, SL 541-3073
HYDRAULICS, STANDARD, SL 536-5281
LIGHTS, STD, LED 559-0843
LIGHTS, ROADING, LED, RH 541-3067
STEERING, STANDARD 430-2996
DIFFERENTIAL, OPEN REAR 333-6529
ENVIRONMENT, MEDIUM DEBRIS 536-5340
WEATHER, STANDARD 454-0609
CAB, DELUXE 549-0451
ENGINE 527-0422
SEAT, DELUXE 563-5967
RADIO, BLUETOOTH, AUX, MIC 372-1868
PRODUCT LINK, CELLULAR PL641 565-0908
TIRES,20.5R25 MX XHA2 * L3 366-6880
FENDERS, STANDARD 366-8148
COUNTERWEIGHT, LOGGER/AGG 467-7988
TOOLBOX AUX, NONE 519-8081
KIT,SERIALIZED TECHNICAL MEDIA 0P-2491
TRANSPORT GROUP 387-2859
LINES, AUX 3RD, STD LIFT 530-1623
JUMPER LINES, NONE 536-5339
RIDE CONTROL 430-2859
GUARD, POWERTRAIN, LOWER 349-8165
GUARD, CRANKCASE 349-8163
GUARD, DRIVESHAFT 349-7940
ANTIFREEZE, -50C (-58F) 0P-2407
FILM GP, AGGREGATE 387-4097
PACK, DOMESTIC TRUCK 0P-0210
SHIPPING/STORAGE PROTECTION 0P-2266
KIT, QUICK COUPLER, FUSION 374-5790
BUCKET-MP, 2.7 YD3, FUS (4-1 Bucket) 362-0902
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Packet Pg. 228 Attachment: Attachment 2 - Equipment Quote (6974 : Public Works Equipment Purchase - Caterpillar Wheel Loader (All Wards))
Quote 142778-02
Page 5 of 5
SELL PRICE $254,791.00
Sourcewell Discount (24%) ($61,149.84)
Add’l Dealer Discount (one time only) ($10,552.27)
NET BALANCE DUE $183,088.89
TIRE TAX $7.00
SALES TAX (8%) $14,647.11
AFTER TAX BALANCE $197,743.00
Price Includes: Owner’s manual and Training by certified operators
Sourcewell member number: 33000
2020 Sourcewell Contract #032515-Cat Program
WARRANTY
Standard Warranty: 36 Months / 3000 Hour Premier Warranty
Travel Time for Warranty Work Covered for the First 6 Months only
F.O.B/TERMS
Riverside Machine
FINANCING
Finance terms and conditions subject to credit approval by Caterpillar Financial Services Inc.(CFSC). Payment amounts, down
payments, and terms are estimates only, final amounts must be determined by CFSC.
Accepted by _________________________________________ on _____________________
_____________________________________________________________
Signature
10.b
Packet Pg. 229 Attachment: Attachment 2 - Equipment Quote (6974 : Public Works Equipment Purchase - Caterpillar Wheel Loader (All Wards))